(A) Whenever the Chief shall give the directions mentioned in § 32.28(A) of this chapter to the owner or occupant of any premises, either verbally or by written notice, it shall be the duty of said owner or occupant to cause such removal or alteration thereof within 24 hours at the owner’s or occupant’s expense. If the owner or occupant refuses or neglects to cause such removal or alteration within the time specified, upon conviction, he or she shall be fined in a sum not exceeding that permitted by state law for violation of a municipal ordinance and shall pay the costs of prosecution. His or her failure to comply with such directive for each 24 hours thereafter shall constitute a separate and distinct offense.
(Prior Code, § 7-106)
(B) (1) Upon the finding that the city code has been violated, the Fire Chief shall notify, or cause to be notified, the owner, occupant or manager of the premises where a violation has occurred. Notice may be made personally or by delivering a copy to the premises and affixing it to the door of the main entrance of the premises. Whenever it may be necessary to serve such an order upon the owner, the order may be served personally or by mailing a copy to the owner’s last known post office address if the owner is absent from the jurisdiction.
(2) Any such order shall be immediately complied with by the owner, occupant or manager of the premises or building. The owner, occupant or manager may, within five days after the order by the Fire Chief or his or her agent, appeal the order with the City Council requesting a review, and it shall be the duty of the City Council to hear the same within not less than five days nor more than ten days from the time when the request was filed in writing with the City Clerk. The City Council shall then affirm, modify or rescind the order as safety and justice may require, and the decision shall then be final, subject only to any remedy which the aggrieved person may have at law or equity. The order shall be modified or rescinded only where it is evident that reasonable safety exists and that conditions necessitate a variance due to the probable hardship in complying literally with the order of the Fire Chief. A copy of any decision so made shall be sent to both the Fire Chief and the owner, occupant or manager making the appeal.