[HISTORY: Adopted by the Town Board of the Town of Hamburg, 3-2-1953 as an amendment to the Zoning Ordinance, adopted 6-12-1933, revised 9-1-1938. Amendments noted where applicable.]
The Town Board may establish a Bureau of Fire Prevention which shall consist of a Board of Fire Inspectors.
The Board of Fire Inspectors shall consist of one member from each of the Volunteer Fire Companies in the Town of Hamburg. The Chief of each such company shall recommend an active member of his company and the Town Board shall designate such member a Fire Prevention Inspector and appoint him to the Board of Fire Inspectors.
One-third of the members of the Board of Fire Inspectors first established after the effective date of this chapter (or as near said number as is possible) shall be appointed for one year; 1/3 of the members (or as near said number as possible) shall be appointed for two years; and 1/3 of the members (or as near said number as possible) shall be appointed for three years. Thereafter, their successors shall be appointed for three years. In the event of a vacancy during the term of any member said vacancy shall be filed in the same manner as original appointments are made but shall only be for the unexpired portion of such term.
The Town Board shall appoint annually from among the members of said Board of Fire Inspectors a Chairman who shall serve for one year. It shall be the duty of the Chairman to prepare or cause to be prepared annually a report containing pertinent information of the work of the Board of Fire Inspectors.
It shall be the duty of each of the Fire Prevention Inspectors within the jurisdiction of his company to inspect as often as may be necessary, but not less than once a year, all buildings, premises, and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any ordinances of the Town of Hamburg affecting the fire hazard.
Whenever a Fire Prevention Inspector shall find in any building, or upon any premises or other place, combustible or explosive matter, or dangerous accumulation of rubbish, waste paper, boxes, shavings or any other highly inflammable materials which are so situated as to endanger property, or any other hazardous condition liable to cause fire, or shall find obstruction to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the fire company, or egress of occupants in case of fire, he shall order the same to be removed or remedied and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal, within 24 hours to the Supervisor of the Town of Hamburg who shall, within 10 days, review such order and file his decision thereon with the Town Board and the Chairman of the Board of Fire Inspectors and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant.
The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of the said order to such occupant personally, or by delivering the same to and leaving it with any, person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with said owner a true copy thereof or, if such owner cannot be found within the Town of Hamburg, by mailing such copy to his last known place of residence.
A. 
Any owner or occupant failing to comply with such order within 10 days after said appeal shall have been determined or if no appeal is taken then within 10 days after the services of said order shall, upon conviction thereof, be liable to the penalties prescribed in § 28-9 of this chapter.
B. 
Full opportunity to be heard will be given to any citizen and all parties in interest.
For any and every violation of the provisions of this chapter the owner, general agent, or contractor of a building or premises where such violations have been committed, or shall exist, and the lessee or tenant or an entire building or entire premises where such violation has been committed, or shall exist, and the owner, general agent, contractor, lessee or tenant or any part of a building or premises in which part of such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be liable on conviction thereof to a fine or penalty not exceeding $25 for each and every offense, and whenever such person shall have been notified, by the Inspector or by the service of a summons in a prosecution or in any other way, that he is committing such violation after such notification, such continued violation shall constitute a separate offense by a like fine or penalty. Such fine or penalty shall be collected as like fines or penalties are now by law collected.