The chief of the fire department or fire marshal shall in a
written notice fix the time within which the owner, occupant or person
responsible for a building or structure or premises shall remove the
hazard or make the repairs, or clear the premises of “dangerous
accumulations” specified in the notice. Said notice shall designate
the appropriate board to hear any appeal. In no case shall the time
fixed be less than ten (10) days. Should the owner or person responsible
therefor, or the owner or person responsible for the condition of
the building, structure or premises reside outside the city and the
address be unknown, a notice or publication in a daily newspaper in
the city and the posting of a written notice on the building or structure
or premises shall be deemed sufficient notice. The owner, occupant
or person responsible therefor, within ten (10) days after receiving
such notice, may appeal in writing from the order of the chief of
the fire department or fire marshal to the board designated in the
notice, which shall determine the appeal. If no such board is designated
in the notice, the appeal shall be to the city manager, who shall
determine the appeal.
(Ordinance 2297 adopted 9/24/1957; 1959 Code, sec. 12-21.3; 1983 Code, sec. 11-51; Ordinance
2011-O0036, sec. 13, adopted 4/14/2011)
If no appeal is taken, the maintenance of a condemned building
or condemned structure or condemned conditions existing therein or
thereon or on the premises where said buildings or structures are
located, beyond the time set for removal or repair or abatement under
this article, shall constitute the maintenance of a nuisance.
(Ordinance 2297 adopted 9/24/1957; 1959 Code, sec. 12-21.4; 1983 Code, sec. 11-52)
If the owner or person responsible for the condition of a building
or structure or premises, whether a resident or nonresident of the
city, fails to comply with the order of the chief of the fire department
or fire marshal, to remove the hazardous fire condition in or on the
building or structure or on the lot, tract or parcel of land or premises
where such hazard exists, as directed by the chief of the fire department
or fire marshal, the chief of the fire department or fire marshal
may abate the use of nonresidential buildings or structures, and to
that end the chief of the fire department or fire marshal shall have
authority to close said nonresidential building or structure and to
prevent its use or occupancy until the order of the chief of the fire
department or fire marshal has been complied with.
(Ordinance 2297 adopted 9/24/1957; 1959 Code, sec. 12-21.5; 1983 Code, sec. 11-53; Ordinance
2011-O0036, sec. 14, adopted 4/14/2011)
In addition to the penalty imposed in this article of closing
a building or structure, it shall be unlawful for any person to disobey
or fail to comply with the order of the chief of the fire department
or fire marshal or to use, occupy or remain in any nonresidential
building or structure, when the same has been ordered closed, or to
remain upon or use or permit the use of any such premises.
(Ordinance 2297 adopted 9/24/1957; 1959 Code, sec. 12-21.6; 1983 Code, sec. 11-54; Ordinance
2005-O0141, secs. 20, 21, adopted 12/15/2005)
