[HISTORY: Adopted by the Mayor and Council of the City of Española as Ch. 46, Art. III, of the Code of Ordinances. Amendments noted where applicable.]
[Amended 9-1-1998 by Ord. No. 603]
There is hereby created a Fire Department for the City.
The department created by this chapter shall consist of such number of fire fighters as may be established from time to time.
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. Fire prevention shall be a fundamental responsibility of the Department.
It shall be the right of the Chief of the Fire Department, 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 failing, neglecting, or refusing to comply with any provisions, regulations, or requirements recommended by the Fire Department pertaining to such keeping or storing.
Any person violating the provisions of this section or who shall refuse to allow the Chief of the Fire Department 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.
No person shall interfere with, hinder or delay any member of the Fire Department in the discharge of his duties.
Immediately upon the arrival upon the premises, the 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]
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.
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.