Laserfiche WebLink
deemed to have complied with the Fire Marshal Order if the said tenant or lessee <br /> immediately causes said premises to be made safe by taking such steps as • <br /> acceptable to the Fire Marshal to remove the hazardous condition(s) as specified in <br /> the Fire Marshal Order or closes and secures such premises. <br /> 4. Any such Fire Marshal Order shall be forthwith complied with as set forth in said <br /> order within the time or times therein prescribed. Any person upon whom such <br /> order is served, may take an appeal of such order and seek review thereof with the <br /> Hearing Examiner, provided such appeal is filed within thirty(30) calendar days <br /> after service of such order. The filing of an appeal does not stay compliance with <br /> the Fire Marshal Order within the time(s) prescribed in said order. <br /> 5. In the event that any such person seeking a review before the Hearing Examiner <br /> fails to comply with all of the steps herein set forth, then the Hearing Examiner <br /> may dismiss such appeal and if all of the steps for appeal have not been complied <br /> with, the appeal of such party shall be dismissed by the Hearing Examiner. All <br /> decisions of the Hearing Examiner shall be final. <br /> 109.3 Violation citation—Order. <br /> Notwithstanding any language in this Code, in the event a time period is <br /> established in (1) a violation citation issued by a Code Compliance Officer or his <br /> designee or the Fire Marshal or his designee, or(2) in an order issued by the <br /> Violations Hearing Examiner, said time period shall supersede the time period <br /> provided by this Code. <br /> 109.4 Violation—Penalty. <br /> 1. A violation of the provisions of this Code shall be subject to the City's <br /> Civil Enforcement Procedures as set forth in Chapter 1.20 EMC and any <br /> person, firm or corporation who violates any provision of this Code shall <br /> be subject to said enforcement procedures. Provided,however, <br /> notwithstanding language to the contrary, any violation citation issued <br /> concerning a violation of the Fire Code shall be issued by the Fire Marshal <br /> or his/her designee. <br /> 2. Any person, firm or corporation who violates any provision of the Fire <br /> Code shall be deemed guilty of a misdemeanor, and each such person, <br /> firm or corporation shall be deemed guilty of a separate offense for each <br /> and every day or portion thereof during which any violation of any of the <br /> provisions of the Fire Code is committed, continued or permitted, and <br /> upon conviction of any such violation, such person, firm or corporation <br /> shall be punishable by a fine not to exceed one thousand dollars, or <br /> imprisonment in jail not to exceed ninety days, or by both such fine and <br /> imprisonment. <br /> 3. The enforcement provisions and procedures provided herein are not <br /> exclusive and the City is authorized to pursue any remedy it deems <br /> appropriate or as otherwise provided by law. <br /> 13 <br /> 5 <br />