112.1 Unlawful acts.
It shall be unlawful for any person, firm, corporation, or other legal entity to erect, construct, alter, extend, repair, move, remove, demolish, utilize or occupy a building, occupancy, structure, vehicle, marine vessel, premises, equipment or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
112.2 Owner/occupant responsibility/person causing the violation.
Correction and abatement of violations of this code shall be the responsibility of the owner, the owner’s authorized agent, or person causing the violation. Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
112.3 Notice of violation.
Where the fire code official finds a building, premises, structure, storage facility, outdoor area, vehicle or marine vessel that is in violation of this code, the fire code official may issue a written notice of violation describing the conditions deemed hazardous or unsafe and, where compliance is not immediate, specifying a time for reinspection.
112.3.1 Service.
A notice of violation issued pursuant to this code shall be served upon the owner, the owner’s authorized agent, operator, occupant, or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or certificate of mailing, to the last known address of the owner, the owner’s authorized agent, or occupant. The notice of violation served shall provide the information, if available, required in sections 112.3.1.1 through 112.3.1.5.
112.3.1.1 The address of the site or premises or a detailed description of the location along with the specific details of the conditions to be corrected;
112.3.1.2 A specified timeframe or deadline to correct the violations;
112.3.1.3 The violation penalties that may be imposed if the violations are not corrected within the timeframe or deadline indicated on the notice of violation;
112.3.1.4 The procedure that may be implemented if civil penalties in excess of $1,000 are assessed in connection with the notice of violation; and
112.3.1.5 The issuance date of the notice of violation along with the name, address, and telephone number of the person issuing the notice of violation.
112.3.2 Compliance with orders and notices.
A notice of violation issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant, or other person responsible for the condition or violation to which the notice of violation pertains.
112.3.3 Abatement of violations.
If a notice of violation is not complied with promptly or within the timeframe required, the fire code official may request the City to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.
112.3.4 Unauthorized tampering.
Signs, tags, or seals posted or affixed by the fire code official shall not be mutilated, destroyed, or tampered with, or removed, without authorization from the fire code official.
112.4 Violation Penalties.
An owner, occupant, or person causing the violation who does not comply with the notice of violation within the specified period of time, the fire code official may issue a second notice of violation and may issue a civil penalty of $250. The monetary penalties for violations shall be as follows:
112.4.1 First and subsequent civil penalties $250;
112.4.2 Each day that a property or person is not in compliance with the provisions of this code may constitute a separate violation.
112.4.3 Penalties shall be billed to the property owner or, if appropriate, to the person, firm, corporation, legal entity or permit holder issued the notice of violation. Penalties unpaid after 60 calendar days may be collected in any lawful means, including but not limited to, referral to a collection agency.
112.4.4 Abatement of violation. In addition to the imposition of penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.
112.5 Administrative Reviews by the Fire Code Official.
112.5.1 General.
An owner, occupant, or person causing the violation to whom a notice of violation or a civil penalty has been issued relative to the notice of violation of this code, may request an administrative review of the violations cited in the issued notice of violation or for the civil penalties assessed pursuant to enforcement.
112.5.2 Request of Administrative Review.
An owner, or occupant, or person causing the violation may request an administrative review of the violations cited in the notice of violation or of a civil penalty assessed by filing a written request with the fire code official, sent to the attention of the contact listed within the notice of violation within seven (7) calendar days of the notification date of violations or the date a civil penalty is assessed. The request shall state, in writing, the reasons the fire code official should consider the violations cited in the notice of violation as not being violations of this code or TMC Title 3, or why the fire code official should negate or reduce the civil penalty. Upon receipt of the request for administrative review, the fire code official shall review the information provided.
112.5.3 Decision of Fire Code Official.
After considering all of the information provided, the fire code official shall determine whether a violation has occurred, and shall affirm, vacate, suspend, or modify the notice of violation or the amount of any monetary penalty assessed. The decision of the fire code official shall be delivered in writing to the appellant by first class mail. If the administrative review is for the violation, the decision of the fire code official shall include an official interpretation of the relevant code sections for which the notice of violation was issued.
112.5.4 Appeals of the Administrative Review by the Fire Code Official.
The official interpretation of the code provisions, cited as being the basis for the notice of violation issued, made in the administrative review decision by the fire code official may be appealed directly to the Board of Building Appeals, in accordance with the provisions this code. Said appeal shall be filed with the City Clerk within seven (7) calendar days of receipt of the decision of fire code official.
112.6 Alternate Criminal Penalty.
Any person, firm, corporation or other legal entity who violates or fails to comply with any of the provisions referenced in this code and TMC Title 3 may be guilty of a misdemeanor and, upon conviction thereof, may be subject to a fine in an amount not exceeding $1,000.00, or subject to imprisonment in jail of not more than 180 days, or both a fine and imprisonment. Each day a person, firm, corporation or other legal entity violates or fails to comply with a provision of this code and TMC Title 3 may be considered a separate violation.
(Repealed and reenacted by Ord. 28364 Ex. A, 2016-06-14; Ord. 28730 Ex. A, 2021-01-26; Ord. 28957 Ex. A, 2024-03-05)