(A) When the Fire Chief, or his or her designee, determines that a violation of this chapter or the State Fire Code exists, or that any commercial building or structure required to have a permit under the State Fire Code does not have a valid permit in effect, he or she shall issue a notice of violation and order to correct the violation. Said order shall state the nature of the violation and specify the penalty to be imposed in accordance with the City Fee Schedule in the event that the order is not complied with by the time specified in the order. Failure to pay any such penalty within 30 days shall subject the offender to a civil penalty to be recovered by the city in a civil action in the nature of a debt for the collection of the unpaid penalty, together with the costs of the action to be taxed by the court.
(B) The Fire Chief, or his or her designee, may issue immediate correction orders for violations of the State Fire Code that constitute an imminent hazard to life and property. Such immediate correction order shall state that failure to correct such violation within 24 hours shall result in the imposition of a civil penalty in an amount listed in the City Fee Schedule per day, per violation, until the violation has been completely corrected. Such immediate correction order shall also state that if the violation is not corrected within 24 hours, a civil complaint for collection of penalties and any unpaid fees owed under this chapter may be initiated and that other legal proceedings, including criminal prosecution, injunctions or abatement orders related to the violation may be initiated. Repeated violations shall subject the violator to higher civil penalties set forth in the City Fee Schedule.
(C) Any condition listed below shall be deemed an imminent hazard:
(1) Dangerous storage or unlawful amounts of combustible, flammable or explosive or otherwise hazardous materials;
(2) Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, flammable, or explosive or otherwise hazardous materials;
(3) Dangerous accumulations of rubbish, waste paper, boxes, shavings or other highly combustible materials;
(4) Accumulations of dust or waste material in air conditioning or ventilation systems, or of grease in kitchen or other exhaust ducts, or inadequate clearances to unprotected combustible materials from hoods, grease extractors and ducts;
(5) Obstructions to or in fire escapes, designated access openings in exterior walls for Fire Department use, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or impede egress of occupants in the case of fire; and
(6) Overcrowding in violation of occupancy limits established pursuant to the State Building Code and required under the State Fire Code.
(Code 2019, § 7-14) (Code 1961, § 6-11) (Ord. passed 9-11-2000; Ord. passed 1-25-2016)