§ 94.10 ADMINISTRATIVE APPEALS

(A) An owner or occupant who is aggrieved by a violation notice issued pursuant to § 94.09 of this code, may appeal the violation notice in writing to the Chief of the Code Enforcement Division within seven calendar days of the issuance of the violation notice. The Chief of Code Enforcement shall within three working days following the receipt of the written appeal either affirm, modify or reverse the order. The written decision shall be sent first class mail to the appellant.

(B) An owner or occupant may appeal the decision of the Chief of Code Enforcement. Such an appeal shall be made in writing to the Fire Chief no later than seven calendar days following the receipt of a decision issued pursuant to division (A) above. The Fire Chief shall within three working days following the receipt of the written appeal either affirm, modify or reverse the order. The written decision shall be sent first class mail to the appellant.

(C) An order issued pursuant to § 94.09 of this code, and the matter involving a rule of the Indiana Fire Prevention and Building Safety Commission may be appealed to the Indiana Fire Prevention and Building Safety Commission pursuant to IC 4-21.5-3-7.

(Ord. G-28-99, passed 12-28-99)

§ 94.09 VIOLATIONS; ORDERS TO CORRECT

(A) Whenever the Fire Chief or his designee observes an apparent or actual violation of a provision of this code or other ordinances under the Fire Chief's jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe and specifying a reasonable time for the required repairs or improvements to be made to correct such violation. The written notice of violation of this code shall be served upon the owner, a duly authorized agent, land contract holder, or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person, or by delivering it to and leaving it in the possession of any person in charge of the premises or in the case such person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.

(B) The failure of any Code Enforcement Inspector to inspect or issue a violation notice in accordance with this section shall not constitute approval of any violation or noncompliance with this chapter.

(C) When, in the opinion of the Fire Chief, there is actual and potential danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gasses or materials, the Fire Chief may order immediate evacuation of said building, structure or premises. All of the occupants so notified shall immediately leave the building, structure or premises and persons shall not enter or reenter until authorized to do so by the Fire Chief.

(D) Any person who shall refuse to leave, attempt to enter the building, or who interferes with the evacuation of other occupants or continues any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this code and IC 35-44-4.

(E) Temporary or emergency order issued by the Fire Chief, pursuant to IC 36-8-17-9 shall first be approved, either orally or in writing by the State Fire Marshal.

(Ord. G-28-99, passed 12-28-99)

§ 94.08 RIGHT OF ENTRY

(A) Whenever necessary for the purpose of enforcing the provisions of this code, or whenever the Fire Chief or authorized representative there exists in any structure or upon any premises, any condition which makes such structure or premises unsafe, the Fire Chief or authorized representative shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Fire Chief by this code or state regulations.

(B) The Fire Chief or authorized representative may be required by the owner or occupant to present proper credentials as proof of his authority.

(C) If such entry is refused, the Fire Chief may apply to a Court of competent jurisdiction for an order compelling such inspection, which order such court shall have authority hereunder to grant pursuant to IC 22-14-2-4.

(Ord. G-28-99, passed 12-28-99)

§ 94.07 INSPECTIONS

(A) The Fire Chief shall cause to be inspected all structures and premises except the interiors of private single-family dwellings, and multi-family dwellings for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with fire fighting operations, endanger life or any violations of the provisions or intent of this Code affecting fire safety pursuant to IC 36-8-17-8.

(B) Whenever an inspector from any agency or department observes an apparent or actual violation of any provision of any law, ordinance of code of the city not within the inspector's authority to enforce, the inspector shall report the findings to the official having jurisdiction (i.e. Neighborhood Code, Police, Building Dept., and Board of Health).

(Ord. G-28-99, passed 12-28-99)

§ 94.06 ENFORCEMENT AUTHORITY

(A) It shall be the duty and responsibility of the Chief of the Fire Department, Chief of the Code Enforcement Division, or such Officer of the Department or designee which is an ex officio assistant to the State Fire Marshal under IC 36-8-17-5 to enforce the provisions of this code. The designated enforcement officer of this code is herein referred to as the Fire Chief.

(B) The Code Enforcement Division shall be responsible for the enforcement of this code and regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion and from conditions hazardous to life and property in the use or occupancy of buildings or premises and their contents.

(C) It is the intent of the Fire Department to achieve compliance by traditional mean of inspection, violation notification, granting or reasonable time to comply and reinspection. A citation may be used after reasonable means to gain compliance have failed or, with proper justification, at the discretion of the Fire Chief.

(D) The personnel regularly assigned to the Code Enforcement Division shall be commissioned as special police officers through the Board of Safety and have all rights, duties and authorities for the enforcement of this code, and state and local laws as they relate to their assignment. Only those members of the fire department specifically designated by the Fire Chief may issue citations.

(E) The Chief of the Fort Wayne Police Department upon request of the Fire Chief shall assign such law enforcement officers as may be necessary to assist in the enforcement of this chapter.

(Ord. G-28-99, passed 12-28-99)