(A) Whenever the Fire Chief observes an apparent or actual violation of a provision of this chapter or 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 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 such 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 such procedure shall be deemed the equivalent of personal notice.
(B) If the notice of violation and order is not complied within the time specified by the Fire Chief, and if no review of such order has been initiated, the Fire Chief shall cause to be issued a notice to appear in City Court.
(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, 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 of other occupants, or continue any operation after having been given an 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. 89-3, passed - - ; Am. Ord. 89-10, passed - - ) Penalty, see § 93.99