A. Notice: Whenever, in the judgment of the fire chief or his designee, any building, structure, or any portion thereof, or any appurtenance or fixture thereto, or any chimney, smokestack, flue, pipe, stove, oven, furnace or other heating apparatus, or any electric wiring, connection or other electric hazard, or anything connected with such building, structure or premises is deemed unsafe or defective as to fire, or likely to constitute a fire hazard, the fire chief or his designee shall give the owner, or person in charge of the property, five (5) days' notice, in writing, specifying in the notice requested changes or alterations or repairs necessary to render the property and premises safe to life and property from fire, and any person receiving such notice and refusing or neglecting to comply with the requirements of the notice within the five (5) day period, or to appeal therefrom to the city council by filing notice of the appeal in writing with the city clerk within the period of five (5) days after receipt of the notice, shall be subject to the penalties provided in the general penalty in section 1-4-1 of this code, and shall also be deemed to have committed a municipal infraction, and subject to the civil penalties in section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa.
B. Appeal: Any person under whom notice specified in subsection A of this section may be served shall, within five (5) days after the service of such notice upon him, either comply with the requirements of such notice, or file his appeal therefrom with the city clerk, which appeal shall be in writing and appeal to the city council for a review of the requirements specified in the notice. If such appeal is filed with the city clerk, he shall present the same to the city council for consideration at the next regular meeting of the city council, and the city council shall proceed to hear the appeal either at said time or at any time and meeting which shall and to which the hearing shall be adjourned or set. The city council shall have authority to swear witnesses (the mayor, or in his absence the president of the council administering the oath to such witnesses) and to take testimony at such hearing in respect to such matter, and to make personal investigation, or direct investigation in regard thereto to be made by properly qualified persons designated by the city council, and to, after the hearing, decide and determine the matter, and if the city council, after the hearing, finds that a fire hazard exists in connection with the premises, to order that the notice by the fire chief or his designee be sustained and complied with. The city clerk shall forthwith notify the appellant of such decision, and if the repairs, changes or alterations are not made within five (5) days thereafter the appellant shall be deemed to be guilty of a misdemeanor violation of the provisions of this chapter and subject to the penalties as provided in the general penalty in section 1-4-1 of this code, and shall also be deemed to have committed a municipal infraction, subject to the civil penalties in section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa. (Ord. 09-20, 10-19-2009)