[Amended 9-1-1998 by Ord. No. 603]
There is hereby created a Fire Department for the City.
[Amended 11-12-2019 by Ord. No. 2019-09]
The department created by this chapter shall consist of a Fire
Chief and such number of firefighters as may be established from time
to time.
[Amended 11-12-2019 by Ord. No. 2019-09]
A. Pursuant
to NMSA 1978 § 3-18-1F and G and NMSA 1978 § 3-18-11B(1),
the City may provide proper means for protection from fire and protect
the property of its municipality and its inhabitants and preserve
the health, safety, peace and order within the municipality. Therefore,
the stated purpose of this section is to grant the Fire Department
all authority necessary to protect life and property from the hazards
created by fire, explosion, and similar emergencies.
B. The Fire
Department shall have full and complete authority in connection with
fighting, mitigating, and preventing the spread of any fire that may
arise within the City, with the power to do and perform all necessary
or expedient acts for the fighting of fire. When called to a fire,
the Fire Department shall have:
(1) Full
and complete authority of the premises to which it has been summoned
until the fire has been extinguished and the premises are deemed safe
by the Fire Department; and
(2) By emergency
vehicle or by foot, the right of ingress and egress on all public
or private streets, alleyways, roads, driveways, and thoroughfares
located within the City limits or the City annexation areas.
C. The Fire
Department shall have full and complete authority in connection with
the provision of prehospital emergency medical services within the
City, with the power to do and perform all necessary or expedient
acts for the provision of these services.
D. The Fire
Chief shall have full authority to sign agreements, approved by the
City Manager and City Attorney, with landowners to implement fire
hazard mitigation activities.
E. The Fire
Department, its Chief and its members shall be diligent in the performance
of their duties, and shall continually work to improve conditions
in the City which may be hazardous for life and property from fire.
[Amended 11-12-2019 by Ord. No. 2019-09]
A. It shall be the right of the Fire Chief, or his designee under his
direction, to inspect periodically every building or place within
the City where kerosene, coal, oil, gasoline or other like combustibles
or inflammables are kept or stored, and he shall swear out warrants
with the Chief of Police for any person(s) failing, neglecting, or
refusing to comply with any provisions, regulations, or requirements
recommended by the Fire Department pertaining to such keeping or storing.
B. Any person violating the provisions of this section or who shall refuse to allow the Fire Chief or his designee to make proper inspection of the store, building, warehouse or house used as a store, building or warehouse, belonging to, or under the control of such person, shall, upon conviction, be punishable as provided in Chapter
1, General Provisions, Article
III, Violations and Penalties, §
1-19.
It shall be unlawful for any person to interfere with the fire
engines, hook and ladders, or other apparatus connected therewith
or belonging to the City or its Fire Department, or to interfere with
any other fire-fighting equipment of the City.
[Amended 11-12-2019 by Ord. No. 2019-09]
It shall be unlawful for any person to obstruct, interfere with,
hinder or delay any member of the Fire Department in the discharge
of his duties.
[Amended 11-12-2019 by Ord. No. 2019-09]
Immediately upon the arrival upon the premises, the Fire Chief
or next ranking officer of the Fire Department shall have sole and
absolute possession and control of any and all buildings on fire within
the City and shall so remain in possession and control until the fire
shall be extinguished and premises abandoned by the Fire Department.
While endeavoring to control or extinguish the burning of any
building or structure within the City, the Fire Department, under
the order of its Chief or officer in charge, may enter and pass through
and over any adjacent or neighboring lot, house and structure of any
kind.
[Added 12-8-2020 by Ord.
No. 2020-07]
A. The Fire Chief or his/her designee may assess such fees as approved by the governing body and specified in Chapter
171 of the Municipal Code.
B. A property owner may appeal any such fees by written request submitted
to the Fire Chief within 15 days of the date of the notice of fee
assessment. The Fire Chief shall convene an Appeals Board to be comprised
of the Fire Chief and three other individuals appointed by the Fire
Chief from the following City departments: 1) a representative of
the City Administration; 2) a representative of the Planning and Land
Use Department; and 3) an active firefighter with the Española
Fire Department. The Appeals Board shall consider the testimony of
the property owner, an evaluation of the circumstances, and determine
if the fee should be waived for good cause shown. A tie vote of two
to two by the members of the Appeals Board shall be deemed to be a
denial of the property owner's appeal. In the event that the
Appeals Board determines not to waive the fee, the property owner
shall be responsible for any fees or costs incurred in the enforcement
of this chapter. During the pendency of the appeal, the property owner's
obligation to pay the fees shall be stayed.