Sec. 8-4. - Issuance of notice of violations by fire inspectors.
(a) State-certified fire inspectors of the fire department are empowered to issue notices of violation when such fire inspectors have reasonable cause to believe that any person has violated any provision of the state fire code, as amended, or of this chapter. The notice of violation may be delivered in person to the violator or, if the violator cannot be readily found, the notice of violation may be mailed. The notice of violation shall specify the penalty to be imposed on the violator and shall direct the violator to appear before the city's violations officer within 15 days to pay the penalty or, alternatively, to pay the penalty by mail. The penalty imposed shall be $50.00 for violations of the state fire code or of this chapter. However, violations of section 1003.6, means of egress continuity, and violations of section 901.8, removal or tampering with fire protection equipment, of the state fire code shall subject the offender to a penalty of $200.00, instead of $50.00. A violation of section 107.6 of the state fire code, Overcrowding, shall be deemed a life safety violation and shall subject the offender to a penalty of $500.00.
(b) The notice of violation may specify a period during which the violator must correct the violation. If the violation is not corrected within the specified time, the violator shall be guilty of a new and separate offense.
(c) If the violator does not pay the penalty within 15 days after issuance of the notice of violation, a delinquency charge of $10.00 shall be added to the amount specified in the notice of violation, and notice of the delinquency charge shall be mailed to the violator. The delinquency notice shall also inform the violator that a criminal summons will be issued against him if the specified penalty and the delinquency charge are not paid within five days after the date of the delinquency notice.
(d) If the penalty and delinquency charge are not paid within the time allowed, the fire marshal may have a criminal summons issued against the violator for the violation of the state fire code or of this chapter. Upon conviction, the violator shall be subject, in addition to any criminal penalty the court may impose pursuant to the provisions contained in the state fire code or pursuant to section 8-6 of this chapter, to the penalty specified in the notice of violation and the delinquency charge.
(e) Nothing in this section shall preclude the issuance of an arrest warrant where appropriate.
(Code 1985, § 8-5; Ord. No. 9756, § 1(Exh. A), 2-24-2020)
