Any owner or occupant of any building, structure or premises
or any person responsible for the condition of any premises who refuses
or fails to comply with an order or direction of the fire marshal,
given under the provisions of this article, to remove or remedy a
hazardous condition, or who violates any provision of this article,
shall be subject to a fine not exceeding two thousand dollars ($2,000.00).
Each day of failure to comply with such order or direction or code
provision shall constitute a separate offense.
(Ordinance 2020-07 adopted 2/25/20)
It shall be the duty of the fire marshal or her designee to
inspect or perform a fire safety survey as often as may be necessary,
but not less than once a year, all buildings and premises, except
the interiors of living quarters and private dwellings, for the purpose
of ascertaining and causing to be corrected any conditions liable
to cause fire, or to ascertain and discover any violations or deficiencies
of the provisions or intent of this division or any law or ordinance
affecting the fire hazard.
(Ordinance 2020-07 adopted 2/25/20)
It shall be the duty of the chief of the fire department and
the fire marshal jointly to forthwith plat the city into “fire
station territories,” each containing a city fire station, and
submit such plat to the city manager for approval. Upon approval of
said plat by the city manager as submitted or as modified by her,
it shall be the duty of the chief of the fire department to conduct
one interior and one exterior survey per year at each commercial occupancy
in the station territory by members of the fire department employed
in each territory, such fire safety surveys to be made by uniformed
firemen at the time and in the manner designated and directed by the
chief of the fire department. Such surveys shall be made by carefully
viewing all premises in each territory both from the abutting street
and abutting alley. The chief of the fire department shall require
such written reports from surveying fire department personnel as will
disclose commonly occurring fire and life safety hazards and critical
life safety hazards as defined in the General Procedures Manual of
the Odessa Fire Department regarding safety surveys.
(Ordinance 2020-07 adopted 2/25/20)
Whenever the chief of the fire department or fire marshal, after
inspection of any building or structure or premises in the city, finds
said building, structure or premises to be an unsafe building as defined
by the fire code, the fire chief or fire marshal shall cause to be
served a written notice on the owner or occupant or person responsible
to vacate the structure or abate the unsafe conditions in accordance
with the fire code and city ordinance.
(Ordinance 2020-07 adopted 2/25/20)
When any building or structure is lawfully occupied and used
for residential purposes, vacation of the building, residence or structure
shall not be ordered by notice under this article unless such vacation
is specially ordered by the city council.
(Ordinance 2020-07 adopted 2/25/20)
Upon written request of the chief of the fire department or
the fire marshal, after notices have been given as provided for in
this division, the city attorney is authorized to prosecute such suits
as may be deemed advisable to enforce the provisions of this division.
(Ordinance 2020-07 adopted 2/25/20)
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 2020-07 adopted 2/25/20)
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 2020-07 adopted 2/25/20)
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 2020-07 adopted 2/25/20)
In addition to the penalty imposed in the 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 2020-07 adopted 2/25/20)
