§ 46-28. Order to correct violation.

(a)

Authority. For violations of this article or of any sections of this Code or other laws or ordinances relating to fire hazards as found by a fire safety inspector, he shall serve a written order to correct the violation upon the owner, operator, occupant or other person responsible for the violation.

(b)

Service of orders. The order required in this section shall be served in one of the following ways:

(1)

Making personal delivery of the order to the person responsible.

(2)

By leaving the order with some person of suitable age and discretion upon the premises.

(3)

By affixing a copy of the order to the door at the entrance of the premises in violation.

(4)

By mailing a copy of the order to the last known address of the owner of the premises, by certified mail, return receipt requested.

(5)

By publishing a copy of the order in a local paper once a week for three consecutive weeks, where service cannot be made in accordance with subsections (b)(1) through (b)(4) of this section.

(c)

Time for compliance. The order required in this section shall set forth time limitations for compliance, dependent upon the hazard and danger created by the violation. In extreme danger to persons or property, a fire safety inspector shall have the authority to require compliance immediately upon service of the order.

(d)

Appeals; failure to comply. A person to whom such an order is directed shall have the right, within 24 hours of service of such order, to appeal to the county fire chief who shall review such order within ten days and file his decision thereon. Unless the order is revoked or modified, it shall remain in full force and effect and shall be obeyed by the person to whom it is directed. No person to whom an order is directed shall fail to comply with such order within the time prescribed in the notice, beginning from the date of determination of the appeal.

(e)

Failure to comply within specified time. It shall be unlawful for any person to whom an order is directed to fail to comply with such order within the specified time. If such occurs, the county shall have such injunctive remedies as provided in section 1-6.

(Code 1970, § 8-7; Ord. No. 78-01, § 3, 11-1-77; Ord. No. 83-03, § 3, 2-1-83)