(A) Procedures upon discovery of violation. Any inspector of the Fire Prevention Bureau who determines that a violation of this chapter has occurred shall either personally serve upon the violator or mail to the violator by certified mail, return receipt requested, a notice of violation and civil penalty citation. Such notice and citation shall:
(1) State the nature of the violation and the penalty to be imposed;
(2) Direct the violator to pay the civil penalty;
(3) Notify the offender that a failure to pay the penalty within the prescribed time shall subject the offender to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court;
(4) Provide and state that the penalty must be either paid as set forth above or the failure to pay must be cleared with the Fire-Rescue-EMS Chief within a specified period of time from the issuance of the notice and citation. The notice and citation shall further state that if the citation is not cleared within the specified period, the filing of a civil complaint for collection of the penalty may be initiated, together with other legal proceedings, including the filing of criminal charges.
(B) As used herein, the term “cleared” shall mean payment, arrangement for payment to be made, or a prima facie showing to the Fire-Rescue-EMS Chief that the notice and citation were issued as a result of mistake, inadvertence or inexcusable neglect.
(C) Provide and state that, unless the violation is corrected and the civil penalty paid or otherwise cleared within the specified time period or periods, respectively, the violator may be charged additional civil penalties for each day's continuing violation, as provided in § 94.99.
(D) Failure to correct violations; continuing violations. If a violation of this chapter is not corrected within the time specified in the notice and citation or other lawful order issued hereunder, the violator shall be guilty of a new and separate offense, and each day's further continuing violation shall be a separate and distinct offense, enforceable by all the remedies herein set forth, including additional civil penalties.
(Ord. 11-O-255, passed 2-14-2011)