Combined Code_NOV2017

penalty plus any additional penalties, together with the cost of the action to be taxed by the court.

(4) Provide and state that any unpaid penalty must either be paid as set forth above, or the failure to pay must be cleared with the Fire Chief within a specified period of time from the issuance of the violation notice and correction order. The notice and order shall further state that if the violation is not corrected and the order is not cleared within the specified time period, the filing of a civil complaint for the collection of any unpaid penalty may be initiated, together with other legal proceedings, including the filing of criminal charges. As used in this section, an order will be deemed cleared when either full payment has been made, or when arrangements for payment have been made, or when the offender has made a prima facie showing to the Fire Chief that the notice and order was issued as a result of mistake, inadvertence or inexcusable neglect and when all identified violations of Fire Prevention Codes have been corrected. Service of notice of violation and order to correct shall be made upon the owner, operator or occupant, or other person having control over the premises where the violation exists. Service shall be made by delivering a copy of the notice and order by hand delivery or by registered or certified mail, return receipt requested, sent to the owner, operator, occupant or tenant at his last known address listed in the county tax assessor's records, or by leaving a copy of the notice and order with an agent or employee of such person. If the owner, operator, occupant or tenant cannot be located on the premises, the Fire Chief or his designee may effectuate service by affixing a copy of the violation notice and order prominently on the main entrance of the building where the violation exists. Where correcting the violation will require improvement to real property or may result in administrative penalties against the property owner, the property owner must be notified by mailing a copy of the notice and order to the owner's address as listed in the county tax assessor's office.

(Ord. No. 92-54, § 13, 9-1-92; Ord. No. 94-62, 3-27-95)

Sec. 22-48. Enforcement.

(a) Failure to comply with the provisions of this article shall constitute a misdemeanor under G.S. 160A-175 and G.S. 14-4. Additionally, the Fire Chief or his designee may enforce the provisions of this article in civil court and seek any and all appropriate remedies authorized by G.S. 160A-175, subject to the restrictions of this section. Each day's continuing violation shall constitute a separate and distinct offense.

(b)

Compliance with the Fire Chief's notice of violation and order to correct.

(1)

Immediate action orders. The Fire Chief or his designee may issue immediate correction orders for violations of the state Fire Prevention Code that constitute an imminent hazard to life and property. Any condition listed in section 22-46 shall be deemed an imminent hazard.

CD22:8

Supp. No. 9