(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)