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§ 36.53 FEE ADMINISTRATION.
   No permit as required herein shall be issued until the appropriate fee shall be paid to the City of Monroe for the same.
   (A)   All fees shall be in the amounts established in the city fee schedule, as the same may be amended from time to time.
   (B)   In the event that any permit shall be issued without payment of any required fee, or in the event that any payment made for any permit shall fail to be honored by any financial institution upon which such payment was drawn, such permit shall be void.
(Ord. O-2004-29, passed 9-7-04)
§ 36.54 ENFORCEMENT.
   The Fire Prevention Code shall be enforced primarily by the Fire Department of the City of Monroe. All designated Fire Code enforcement officials to enforce the Fire Code shall be certified as required by North Carolina General Statute §§ 160A-411.1 and 143-151.13. However, this section shall not preempt or interfere with any authority vested in City Building Code Inspectors or law enforcement to enforce the provisions of the Code.
(Ord. O-2004-29, passed 9-7-04)
§ 36.55 UNSAFE BUILDING.
   If during the inspection of a premises, a building or structure or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety, or health, the Fire Chief, or designee, shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary and shall refer the matter to the City Building Standards Department for subsequent action pursuant to N.C. General Statute § 160A-426 et seq. In addition, the Fire Chief, or designee, shall have the authority to order the immediate evacuation of the any occupied building deemed unsafe when such building has hazardous conditions that present an imminent danger to building occupants. Persons so notified pursuant hereto shall immediately leave the structure and shall not reenter the premises until authorized to do so.
(Ord. O-2004-29, passed 9-7-04)
§ 36.56 NOTICE OF VIOLATION.
   Any person who shall violate any of the provisions of the Fire Protection Code adopted by this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Chief, or his designee, or by a court of competent jurisdiction, within the time fixed therein shall, severally for each such violation and noncompliance respectively, be subject to penalties to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalties within ten (10) days after the issuance of the notice of violation. The notice of violation shall be in writing, signed by the Fire Chief and/or the fire official charged with the enforcement of the Fire Prevention Code, and shall be delivered or mailed by first class U.S. Mail as specified in § 36.56 below. Each day's continuing violation may be a separate and distinct offense. Any action to recover such penalties may be joined in an action for appropriate equitable remedy, including injunctions and orders of abatement and including an action to recover damages owing to the city by reason of expenses incurred by the city in abating, correcting, limiting, and otherwise dealing with the harmful effects of the offending action.
(Ord. O-2004-29, passed 9-7-04)
§ 36.57 PENALTIES.
   (A)   The Fire Chief, or his designees, are empowered to issue notices of violation when fire inspectors have reasonable cause to believe that any person has violated any provision of this Code including the North Carolina State Building Code incorporated herein.
   (B)   The service of Notice of Violations, orders, civil penalties, or other notices for the correction of violations of the code shall be made upon the owner, occupant or other person responsible for the conditions, either by personally delivering a copy of the same to such person or by delivering the same to and leaving it with any person in charge of the premises or by sending a copy of the order or notice by first class U.S. Mail to the owner's last known address as shown on the most recent Union County tax records.
   (C)   When buildings or other premises are occupied by one other than the owner under a lease or other agreement, the orders or notices issued to correct violations of the code shall apply to the occupant; provided, however, that where the order or notices require the making of additions to or changes in the premises themselves which may become part of the real property of the owner, then, in such cases, the orders or notices shall also be issued to the owner of the premises or real property. Failure to deliver an order or notice to the owner, if other than the occupant, shall not invalidate such order or notice.
   (D)   The Notice of Violation and/or subsequent civil penalties shall specify the civil penalty to be imposed on the violator and shall direct the violator to pay the civil penalty within ten (10) days of issuance. The general penalty imposed shall be $50 for violations of the Fire Prevention Code unless otherwise specified. Second and third violations for the same or similar offenses shall be $100 and $500 respectively. Certain violations shall be deemed life safety violations, which shall subject the offender to a penalty of up to $500. Each day's continuing violation may constitute a separate offense. The following is a list of Life Safety Violations and civil penalty:
      (1)   Exit door or exit obstruction violations shall be assessed $250 for the first offense and $500 for any recurring violation.
      (2)   Overcrowding of establishments by exceeding the posted "Maximum Occupancy" notice shall be assessed $250 for the first offense and $500 for any recurring violation.
      (3)   Fire detection system, fire protective signaling system, standpipe systems, fire extinguishing system or any other fire protection device violations shall be assessed $100 for the first offense and $250 for any recurring violation.
      (4)   Impaired access to buildings under construction by fire apparatus violations shall be assessed $100.
      (5)   Failure to comply with permitting process and subsequent occupancy of a structure prior to the issuance of a Fire Inspection Permit shall be assessed $250.
   (E)   The notice of violation may specify a period during which the violator must correct the violation. If the violation is not corrected within the specified time, the violator shall be guilty of a new and separate offense.
   (F)   If the civil penalties are not paid within the time allowed, the Fire Chief, or his designee, may have a criminal summons issued against the violator for the violation of the North Carolina Fire Prevention Code. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the state fire code or pursuant to section 34-86, to the penalty specified in the notice of violation and the delinquency charge.
(Ord. O-2004-29, passed 9-7-04)
§ 36.58 APPEALS.
   If any owner, lessee, or occupant of any building covered by this article shall deem himself/herself aggrieved by any ruling or order of the Fire Chief, or his designee, pursuant to an interpretation of a N.C. State Building Code requirement, he/she may appeal to the North Carolina Commissioner of Insurance as outlined in Chapter 7 of Volume I-A of the North Carolina State Building Code, entitled "Administration and Enforcement Requirements". A copy of the appeals process shall be filed in the City Clerk's and Fire Chief's office. In addition, any action taken by the Fire Chief, or designee, pursuant to this Fire Prevention Code other than an interpretation of a N.C. State Building Code requirement may be appealed upon written notice to the City Clerk within ten (10) days of the action taken. Upon notice of appeal, the City Manager, or designee, will establish a date and time for a hearing and the appellant will be provided such notice of the hearing during which the appellant will be given an opportunity to be heard. The decision of the City Manager, or designee, shall be the final administrative determination.
(Ord. O-2004-29, passed 9-7-04)