§ 94.999  PENALTY.
   (A)   If any person, firm or corporation shall violation any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Fire Chief, or shall fail, neglect or refuse to obey an lawful order given by the Fire Chief, in connection with the provisions of this Code, for each such violation, failure or refusal, such person, firm or corporation shall be liable to the city for a civil forfeiture in the sum not less than $20, nor more than $2,500. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense. In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one civil penalty shall be had against the same person for the same offense.
   (B)   There is hereby established the following citation schedule of penalties for violations of the provisions of the City of Valparaiso Fire Prevention Code. Penalties shall be paid to the Valparaiso Ordinance Violation Bureau who shall deposit the funds in the Fire Fund of the Valparaiso Fire Department. Such funds shall be expended for fire equipment and fire prevention and/or to hire personnel whose responsibilities will include the responsibility of conducting inspections. Any expenditures from that fund shall be appropriated by the City Council.
      (1)   If the owner, operator or agent fails to correct a cited violation of the Indiana Fire Prevention Code as adopted in § 94.004, the penalty shall be $50 for each violation cited. Each day such violation is permitted to continue may be deemed to constitute a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator, or agent after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.
      (2)   If the owner, occupant, manger or other agent fails to comply with the recommendations of the inspector pursuant to an inspection authorized under § 94.007, in action to any penalties for the specific violation resulting in the recommendation, the failure to comply with the recommendations shall be a violation of § 94.007. The first violation will result in $50 fine. The second violation will result in a $75.
      (3)   If the owner, occupant, manager or other agent obstructs a fire hydrant, Fire Department connection, or fire protection control valve they are in violation of § 94.028 and the penalty shall be $50. Notice of violation shall be left with the owner, occupant, manager or other agent in charge. If the violator fails to appear in response to a notice issues after 30 calendar days from the date and time shown the penalty shall be $75.
      (4)   If the owner, occupant, manager or other agent fails to install or maintain portable fire extinguishers as required, they are in violation of § 94.029, and the penalty shall be $50. Notice of violation shall be left with the owner, occupant, manager or other agent in charge. If the violator fails to appear in response to a notice issued after 30 calendar days from the state and time shown the penalty shall be $75.
      (5)   If the owner, operator, manager or agent of a commercial, industrial, or public building fails to establish and maintain open fire lanes, said owner, operator, manger, or agent shall be in violation of § 94.050. The penalty shall be $50. Each day such violation is permitted to continue may be deemed to constitute a separate offense. If the violator fails to appear in response to the notice issued after 30 calendar days from the date and time shown on said notice the penalty shall be $75.
      (6)   If a vehicle with or without a licensed driver is parked or obstructs a fire lane or if any other object obstructs a fire lane, in violation of § 94.051, the penalty shall be $50. If the vioiator does not appear in response to a notice affixed to such vehicle within a period of 30 calendar days from the date and time shown on said notice, the penalty shall be $75.
      (7)   Any person, firm or corporation violating provisions of § 94.070 through § 94.074, or who shall fail to comply with an order as affirmed or modified by the authority having jurisdiction, shall be subject to a fine of $50. Each day such violation is permitted to continue may be deemed to constitute a separate offense. The violation and penalty as described in §§ 94.070 through 94.075 shall not be subject to any of the fine or penalty within this chapter.
      (8)   Any person who maintains burning of combustible materials out of doors or open burning not permitted in § 94.090 through § 94.092 shall be in violation of § 94.90 et seq. The penalty shall be $50. If the violator does not appear in response to a notice issued to them or placed in a notice location at the place of residence, business or burn site within a period of 30 calendar days from date and time shown on said notice, the penalty shall be $75.
      (9)   If the owner, operator, or representative fails to obtain a tire storage permit as required in § 94.105 through § 94.106, the penalty shall be $50 for each violation cited. Each day such violation is permitted to continue may be deemed to constitute a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.
      (10)   If the owner, operator, or representative fails to obtain a temporary propane tank storage permit as required in § 94.120, the penalty shall be $50 for each violation cited. Each day such violation is permitted to continue may be deemed a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.
      (11)   If the owner, operator, or representative fails to obtain a fireworks and pyrotechnics permit as required in § 94.130 to § 94.131, the penalty shall be $50 for each violation cited. Each day such a violation is permitted to continue may be deemed a separate offense. If the violator fails to appear in response to a notice issued to the owner, operator, or representative after 30 calendar days from the date and time shown on said notice issued, the penalty shall be $75.
(Am. Ord. 20-2017, passed 1-8-18)
Cross-reference:
   Firefighting Fund, see § 94.015