(a) Citations.
(1) If, upon inspection or investigation, a City Fire Safety Inspector believes that the Fire Code or an associated order has been violated, such officer shall, with reasonable promptness, issue a citation to the responsible person. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the Fire Code or associated order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. When the citation is issued by a City Fire Safety Inspector, a copy of the citation shall be furnished to the State Fire Marshal.
(2) A City Fire Safety Inspector may issue a notice in lieu of a citation, in accordance with the procedures for issuance of such notice prescribed by the State Fire Marshal, with respect to de minimis violations that have no direct or immediate relationship to safety or health.
(3) Each citation issued under this section, or a copy or copies of the citation, shall be prominently posted by the responsible person, as prescribed in the Fire Code, at or near each place a violation referred to in the citation occurs.
Statutory reference: ORC 3737.42
(b) Hearing on Citation; Appeal.
(1) If, after an inspection or investigation, a City Fire Safety Inspector issues a citation under Section 1602.05 or division (a) of this section, the City's Fire & EMS Division shall, within a reasonable time after such inspection or investigation and in accordance with ORC Chapter 119., notify the responsible person of the citation and penalty, if any, proposed to be assessed under division (c) of this section, and of the responsible person's right to appeal the citation and penalty, under ORC Chapter 119., to the State Board of Building Appeals within thirty (30) days after receipt of the notice.
(2) If the responsible person is aggrieved by an order of the State Board of Building Appeals, the person may appeal to the Greene County Court of Common Pleas within thirty (30) days after the Board renders its decision.
Statutory reference: ORC 3737.43
(c) Civil Penalties.
(1) Any person who has received a citation for a serious violation of the Fire Code or any order issued pursuant to such Code shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(2) Any person who has received a citation for a violation of the Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(3) Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
(4) Any person who violates any of the posting requirements prescribed in division (a)(3) of this section shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
Statutory Reference: ORC 3737.51(B) - (E)
(d) Penalty Considerations.
(1) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of previous violations shall be given whenever a penalty is assessed under this Chapter.
(2) For the purposes of this section, a "serious violation" shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists or from one or more practices, means, methods, operations, or processes that have been adopted or are in use, unless the person did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
(3) Civil penalties imposed by this Chapter shall be paid to the City's Public Safety Fund for the use of the City's Fire & EMS Division. Such penalties may be recovered in a civil action in the name of the City brought in the Xenia Municipal Court or the Greene County Court of Common Pleas.
Statutory reference: ORC 3737.51(F) - (H)
(Ord. 2020-03. Adopted 02/27/20; Ord. 2022-44. Adopted 11/22/22)