§ 2.28.170. Orders to remedy dangerous conditions—Appeals.

A.

Whenever the fire marshal shall find any building or other structure within the county which, for want of repair or by reason of age or dilapidated condition, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings, structures or property, or whenever he shall find in any building or structure within the general services district, an improper or dangerous arrangement or condition of stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimney, flues and pipes with which the same may be connected, or a dangerous condition or arrangement of lighting devices or system, or a dangerous or unlawful storage of explosives, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, fireworks, ashes, combustibles, inflammables, or refuse materials, or other conditions which, in his opinion, may constitute a dangerous fire hazard, or be liable to cause or promote fire or to create conditions dangerous to the emergency responders or to occupants of the building or to adjoining property, he shall serve an order in writing upon the owner, lessee, occupant or agent of the building for the dangerous condition or arrangement, specified and described in such written order, to be removed or remedied, within a time, not less than five days, to be designated in the order, and such order shall be within the designated time complied with by the owner, lessee and occupant or agent of such building; provided, that if the owner, lessee, occupant or agent deems himself aggrieved by such order, he may, before the next meeting of the Board of Fire and Building Code Appeals, from the service of such order, appeal to said board, by written petition addressed to the board who shall hear such appeal as soon as it can be conveniently heard, and who may make investigation and hear testimony of any witnesses, and issue subpoena for any witnesses, and who may, upon such hearing, either affirm, modify or revoke the order of the fire marshal. If the order of the fire marshal is affirmed or modified, such order so affirmed or modified shall forthwith be complied with by the owner, lessee, occupant or agent.

B.

Every such order in writing issued and served by the fire marshal shall be dated and signed by him, and copies of such order shall be kept and preserved in an order record by the fire marshal.

C.

Should the fire marshal determine that a change, addition or renovation of a privately owned building or structure is warranted to abate a fire hazard, he shall send written notice by return receipt certified mail to the owner of the building or structure. The fire marshal shall take no official action to require the change, addition or renovation until he has received return of the certified mail indicating that the owner of the property has received notice of the alleged dangerous condition.

(Ord. BL2007-1390 § 1, 2007; Ord. BL2002-1142 § 4, 2002; prior code § 16-1-13)