(A) Whenever the Fire Chief observes an apparent or actual violation of a provision of this subchapter or other ordinance 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 the violation. The written notice of violation of this code shall be served upon the owner, a duly authorized agent, or upon the occupant or other person responsible for the conditions under violation. The notice of violation shall be served either by delivering a copy of same to the person or persons by ordinary mail to the last known post office address, delivered in person, or by delivering it to and leaving it in the possession of any person in charge of the premises, or in the case the person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door, or avenue of access; and this procedure shall be deemed the equivalent of personal notice.
(B) If the notice of violation and order is not complied with within the time specified by the Fire Chief, and if no review of the order has been initiated under I.C. 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 the violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this subchapter or of any order or discretion made pursuant thereto.
(C) Temporary or emergency orders issued by the Fire Chief under I.C. 36-8-17-9(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 the proximity of any building, structure, or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or 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 the 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 of other occupants, or continue any operation after having been given an evacuation order except any work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this subchapter.
(1987 Code, § 6-209) (Ord. 11, 1988, passed 7-24-1988) Penalty, see § 10.99