(A) Whenever the Fire Chief observes an apparent or actual violation of a provision of this code or of other ordinances under the Fire Chief's jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe and specifying a reasonable time for the required repairs or improvements to be made to correct such violation. The written notice of violation of this chapter shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises. In the event the person in violation fails to respond in the specified time, the Fire Chief shall deliver a second notice by certified mail allowing ten days for a response.
(B) If the notice of violation and order is not complied with within the time allowed by division (A), and no review of such order has been initiated under IC 36-8-17-10, the Fire Chief shall request the legal counsel of the city to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant thereto.
(C) Temporary or emergency orders issued by the Fire Chief under IC 36-5-17-9(b) shall first be approved by the State Fire Marshal.
(D) When, in the opinion of the Fire Chief, there is actual and potential danger to the occupants or those in proximity of any building, structure or premises because unsafe structural conditions, or inadequacy of any means of egress, the presence of toxic fumes, gases or materials, the Fire Chief may issue an emergency order, with oral approval of the State Fire Marshal, for the immediate evacuation of said building, structure or premises. All of the occupants so notified shall immediately leave the building, structure or premises and persons shall not enter or reenter until authorized to do so by the Fire Chief. Any person who shall refuse to leave, interfere with the evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this chapter.
(Ord. 40-1989, passed 11-6-89)