§ 18-41. Adopted.

(a)

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain portion of the International Fire Code/North Carolina State Building Code, entitled "Fire Prevention Code" as enacted and published by the North Carolina Building Code Council, and as amended from time to time. The same shall be herein referred to as "the fire prevention code". A copy of such code shall be maintained in the office of the fire marshal and in the office of the City Clerk of the City of Shelby. The specific provisions of the aforesaid state building code herein referred to as the fire prevention code are hereby incorporated into this section as fully as if set out herein verbatim including Appendices B, C, D, F, and H.

(b)

Any person violating the provisions of this section shall be subject in a criminal prosecution to a fine of not more than $50.00 or to imprisonment of not more than 30 days, or both. Each day's violation of this section constitutes a separate offense.

(1)

A violation of the fire prevention code which is deemed by the responsible fire official to pose an immediate threat to public life, health or safety shall subject the violator to a civil penalty of $100.00. Any other violations of the fire prevention code shall subject the violator to a civil penalty of $50.00 dollars.

(2)

A written notice shall be personally delivered or sent to the violator by certified mail, return receipt requested. Such notice shall set forth the nature of the violation, shall direct that such violation be corrected within a specified time period and shall inform the violator of the consequences of failure to comply. The penalties and remedies provided herein may not be invoked until after the compliance period has expired.

(3)

Each day's continuing violation after the compliance period has expired shall constitute a separate and distinct offense for purposes of the imposition of civil penalties.

(4)

Upon expiration of the compliance period, the responsible fire official may issue a civil citation to the violator. If the violator fails to pay the penalty assessed within ten calendar days after being cited for such violation, the penalty may be recovered by the city in a civil action in the nature of a debt.

(5)

Notwithstanding subsection (1) above, the provisions of this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.

(6)

A violation of this chapter shall not be considered a misdemeanor under G.S. 14-4.

(Code 1985, § 7-61; Ord. No. 3-2004, 2-16-2004; Ord. No. 32-2011, 7-18-2011)