(a) Jurisdiction.
(1) The Greene County Court of Common Pleas shall have jurisdiction, upon a complaint filed by a City Fire Safety Inspector, to restrain, immediately or before the imminence of such danger can be eliminated through the enforcement proceedings otherwise provided in this Chapter, any condition or practices in any building or upon any premises which violate the Fire Code and are such that a fire or explosion hazard exists that could reasonably be expected to cause death or serious physical harm. Any order issued under this section may require such steps be taken as may be necessary to avoid, correct, or remove such imminent danger.
(2) Upon the filing of any such complaint, the Court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this Chapter or ORC Chapter 3737.
(b) Order to Vacate. Whenever a City Fire Safety Inspector concludes that conditions or practices described in division (a)(1) of this section exist in any building or on any premises, such official shall inform the owner, operator, lessees, occupants, and other affected persons of the danger and that such officer is seeking relief. If necessary to preserve life, a City Fire Safety Inspector, if authorized by the Fire Marshal or his deputy, may orally order the building or premises vacated immediately. Such an order shall remain in effect for not more than twenty-four (24) hours. In addition, the officer making the order shall post written notice in conspicuous places on the building or premises.
(c) Mandamus. If a City Fire Safety Inspector arbitrarily or capriciously fails to seek relief under this section, any person who may be injured by reason of such failure may bring an action against such officer in the Greene County Court of Common Pleas for a writ of mandamus to compel the City Fire Safety Inspector to seek such relief.
Statutory reference: ORC 3737.44
(Ord. 2020-03. Adopted 02/27/20)