§ 38A-16. Enforcement, cost accounting.

(a)

Whenever the Fire Chief becomes aware that an owner and/or occupant has failed to abate a fire hazard within fourteen (14) days of the date of service of the Order to Abate Fire Hazard set forth in section 38A-9 of this chapter, the Fire Chief may:

(1)

Issue an "Administrative Penalty Liability Order" finding that a person or persons is/are responsible for a violation of section 38A-7 of this chapter and directing such responsible person(s)to pay an administrative penalty in the applicable amount, pursuant to the formula set forth in section 38A-8 of this chapter;

(2)

If, in the opinion of the Fire Chief, the nuisance constitutes an imminent threat to public health or safety, summarily abate the fire hazard(s); and/or

(3)

Request that the District Attorney or County Counsel immediately seek relief as may be necessary or appropriate from a court of competent jurisdiction. Said court, upon finding that there is, or that there is a reasonable basis upon which to conclude that the conditions complained of may present a danger to the health, safety, or welfare of the public, the environment or natural resources, arising out of or resulting from said fire hazard, in whole or in part, shall grant relief to abate the fire hazard, consistent with the relevant requirements of this Chapter and the public interest, to secure adequate protection of the health, safety, or welfare of the public, the environment or natural resources.

(b)

An Administrative Penalty Liability Order shall:

(1)

Identify the owner(s) of the property upon which the nuisance exists as named in the records of the county assessor and identify the occupant(s), if other than the owner(s), and if known or reasonably identifiable;

(2)

Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;

(3)

Identify such property by reference to the assessor's parcel number;

(4)

Describe the fire hazard which exists and the firebreak required to abate it;

(5)

State that the fire hazard was not abated within the required fourteen (14) day period and the person or persons to whom the Administrative Penalty Liability Order is directed has been found liable for a violation of section 38A-7 of this chapter and shall remit payment of an administrative penalty;

(6)

State that the Administrative Penalty Liability Order constitutes an order to remit payment of an administrative penalty, in a specified amount, to the Fire Chief within fourteen (14) days of the date of said Order;

(7)

State that if the violation of any provision of this chapter continues to exist on or after the date of any violator's conviction of violating said provision, the Fire warden Fire Chief may submit a notice of violation to the county recorder for recordation pursuant to section 38A-21(c) of this chapter;

(8)

State that the owner and/or occupant may, within fourteen (14) days of the date of service of the Order, appeal the administrative penalty liability determination of the Fire Chief pursuant to section 38A-13 of this chapter;

(9)

State that, unless the owner and/or occupant so notified remits payment of the administrative penalty in the specified amount to the Fire Chief within fourteen (14) days of the date of service of the Order or timely appeals the administrative penalty liability determination of the Fire Chief, the Fire Chief may charge the amount of the administrative penalty, the cost of the abatement, if any, and the cost of administration to the owner and/or occupant so notified. It shall also state that if the owner has been notified but does not pay the amount of the administrative penalty, the cost of the abatement, if any, and the cost of administration, such costs may be made a special assessment and lien against the property pursuant to section 38A-26 of this chapter;

(10)

State that any person upon whom an Administrative Penalty Liability Order has been served may request an administrative review of the accuracy of the contents of the Order and/or the propriety of any administrative penalty by:

i.

Filing a written notice of appeal with the Fire Chief no later than fourteen (14) days after the date of service of the Administrative Penalty Liability Order, and

ii.

Including within the notice of appeal all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal.

(c)

Cost accounting shall be conducted in accordance with Article XVI of Chapter 3, beginning with Section 3-150 of this code.

(d)

Nothing in this Chapter shall be construed as imposing on the Fire Chief or the County of Butte any duty to issue an order to abate a fire hazard, nor to issue an administrative penalty liability order and neither the Fire Chief nor the County of Butte shall be held liable for failure to issue an order to abate a fire hazard, nor for failure to abate any fire hazard, nor for failure to issue an administrative penalty liability order.

(Ord. No. 3936, § 4 (part), 6-13-06)