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In the event that no person can be found in charge of the premises, then such order <br /> may be served upon any of the persons or parties herein set forth by affixing or <br /> posting a copy of such order to the premises and by mailing a copy of such order <br /> to such named individual in an envelope addressed to such person, with postage <br /> prepaid thereon, to such individual's last known post office address. <br /> 3. If the buildings or other premises are owned by one person and occupied by <br /> another under a lease or leasehold agreement or otherwise, the orders issued in <br /> connection herewith shall apply to the occupant or tenant thereof, provided that if <br /> the person on whom the order is served is a tenant or occupying such premises <br /> under a lease or leasehold agreement or otherwise, then such individual shall be <br /> deemed to have complied with the Fire Code Official Order if the said tenant or <br /> lessee immediately causes said premises to be made safe by taking such steps as <br /> acceptable to the Fire Code Official to correct the violation(s) as specified in the <br /> Fire Code Official Order or closes, vacates and secures such premises. <br /> 4. Any such Fire Code Official Order shall be forthwith complied with as set forth in <br /> said order within the time or times therein prescribed. Any person upon whom <br /> such order is served, may take an appeal of such order and seek review thereof <br /> with the Hearing Examiner, provided such appeal is filed within thirty(30) <br /> calendar days after service of such order. The filing of an appeal does not stay <br /> compliance with the Fire Code Official Order within the time(s)prescribed in said <br /> 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 Code Official 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 Code <br /> Official. <br /> 5 <br />