Ordinances-2021-486 - Chapter 37

37.11 NOTICE OF VIOLATION. Whenever the Fire Marshal determines that any premises fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant hereto, the Fire Marshal shall issue a notice setting forth the alleged failures and advising the owner or operator that such failures must be corrected in order to obtain a permit. Such notice shall: 1. Be in writing and subsequent to an inspection. 2. List the alleged violations of this chapter or violations of the applicable rules and regulations issued pursuant hereto. 3. Describe the premises where the violations are alleged to exist or have been committed. 4. Provide a reasonable time, considering the nature of the remediation or corrective work, to accomplish such remediation or correction. 5. Be served upon the owner/operator as listed in the application for the permit personally or by registered mail. If one or more persons to whom such notice is addressed cannot be found after a diligent effort to do so, service may be made upon such person or persons by posting a notice in or about the premises, or by causing publication of such notice to be published in a newspaper of general circulation once each week for two consecutive weeks. 6. Be served upon the registered agent for the receipt of such service of notice so designated. 37.12 REVOCATION OF PERMIT. The City Council shall consider the revocation of a permit if petitioned by the Fire Marshal, or in the Fire Marshal’s unavailability, the Fire Chief. The person holding the permit shall be properly notified in person or by phone within 48 hours of the filing of the petition for revocation with the City Clerk and shall be notified of the date, place, and time of the Council’s consideration of the petition and may appear and defend the petition for revocation. Upon a finding of a violation of Chapter 37 of this Code of Ordinances, the Council may revoke a permit. Upon the revocation of a permit pursuant to this section, the person may bring an action in district court at its own expense within thirty (30) days to review the decision of the City. 37.13 FEES. 1. The applicant shall submit an application fee as adopted by resolution of the City Council. 2. The fees for review and inspection shall be adopted by resolution of the City Council. 37.14 PENALTY. 1. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter or who resists the enforcement of any section of this chapter shall be guilty of a misdemeanor punishable by a fine or imprisonment as provided in the Code of Ordinances. 2. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter or who resists the enforcement of any section of this chapter shall be deemed to have committed a municipal infraction in accordance with Chapter 3 of this Code of Ordinances.