31.10.070 Citations.

City Code Section

(Amended by Ordinances 180514 and 181956, effective June 25, 2008.)

  1. A.   Authority Established.
  2. If, after investigation, the Fire Marshal determines that a violation of this Title has occurred, and that the person, entity or owner/occupant committing the violation knew or should have known that the action was in violation of this Title, a citation may be issued to the person, entity or owner/occupant committing the violation. Citable violations include, but are not limited to:
    1. 1.   Failure to obtain a permit
    2. 2.   Failure to adhere to permit conditions
    3. 3.   Failure to adhere to assigned occupant load limit in assembly occupancy
    4. 4.   Exit blocked, obstructed
    5. 5.   Exit corridor or aisle obstructed or width reduced
    6. 6.   "Exit" sign missing or not working
    7. 7.   Fire extinguisher missing, discharged or wrong type
    8. 8.   Firefighting appliance blocked, obstructed or otherwise rendered unusable
    9. 9.   Fire alarm device or fire extinguishing system blocked, obstructed or otherwise rendered unusable
    10. 10.  Failure to use, maintain, store or secure propane bottle as required by this Title
    11. 11.  Performing work that requires a Certificate of Fitness without a valid certificate
    12. 12.  Assigning an employee to perform work that requires a Certificate of Fitness without a valid certificate
    13. 13.  Parking on a posted fire access road
    14. 14.  Blocking or obstructing any fire hydrant or fire department connection
    15. 15.  Conducting mobile fueling operation in violation of Fire Code regulations
    16. 16.  Possession or use of illegal fireworks
    17. 17.  Illegal storage of fireworks
    18. 18.  Illegal sale of fireworks
    19. 19.  Illegal commercial fireworks display
    20. 20.  Illegal occupancy in violation of International Building Code
    21. 21.  Burning in violation of Fire Code
    22. 22.  Repetitive false alarms in occupancies equipped with fire, smoke and/or water flow detection systems.
    23. 23.  Violations that would constitute or contribute to an immediate and/or imminent hazard to life and property
  3. B.   Each day a person, owner or occupant violates or fails to comply with a provision of this chapter may be considered a separate violation for which a citation may be issued.
  4. C.   Fines Authorized. Citations shall result in monetary fines as set forth in Fee Schedule adopted by City Council. Fines may escalate for two or more occurrences of the same or similar violations by the same person, owner or occupant within a four-year period. Fines may escalate for failure to pay within 30 days of issuance. The Fire Marshal may suspend 1/2 of any citation fine, providing the person, owner or occupant cited agrees in writing to immediately cease and/or abate the violation. If the person, owner or occupant is found to be in violation of the same or similar violation within a four year period, the original fine may be reinstated and shall be in addition to any other fine authorized by this title.
  5. D.   Citation Process. Citation shall be delivered as would reasonably be expected to provide notice, including in person, by certified mail or posted conspicuously on property. Citation shall include:
    1. 1.   Name and address of person, owner or occupant being cited
    2. 2.   A description of the property where the violation occurred
    3. 3.   Date(s) of the violation
    4. 4.   Reference to the particular code(s) violated
    5. 5.   A statement explaining actions required of person, owner or occupant being cited
    6. 6.  A statement of applicable monetary penalty, and
    7. 7.  A statement of the right to appeal the citation