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CITY OF TIFFIN ORDINANCE NO. 2021-486
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, TO ADD
CHAPTER 37, FIRE SAFETY PERMIT, TO THE POLICE, FIRE AND
EMERGENCIES SECTION
BE IT ENACTED by the City Council of the City of Tiffin, Iowa:
Section 1. Purpose: The purpose of this ordinance is to amend the
municipal code of Tiffin to add Chapter 37, Fire Safety Permit, to the Police,
Fire and Emergencies section.
Section 2. Amendment. Chapter 37 Fire Safety Permit, is hereby
added as follows:
CHAPTER 37
FIRE SAFETY PERMIT
37.01 Purpose 37.09 Time for Inspections
37.02 Definitions 37.10 Court Order Available
37.03 Applicability 37.11 Notice of Violation
37.04 Permit Required 37.12 Revocation of Permit
37.05 Application for Permit 37.13 Fees
37.06 Issuance for Permit 37.14 Penalty
37.07 Term of Permit 37.15 Remedies not Exclusive
37.08 Inspections Authorized 37.16 Appeals
37.01 PURPOSE.
The purpose of this ordinance is to protect the health, safety, and welfare of the
citizens of the City and its visitors, and to protect property in the City.
37.02 DEFINITIONS.
1.
2. of the City or his/her
designee.
3.
pursuant to the provisions of this chapter.
4.
corporation, limited liability company, or other entity recognized by law and acting as
5.
by any person, and appurtenances, grounds, areas, or facilities that are held out as
open to the members of the general public to enter for any lawful purpose.
37.03 APPLICABILITY.
This chapter applies to all premises located in the City.
37.04 PERMIT REQUIRED.
No person subject to the provisions of this chapter shall operate any premises without
a valid permit.
37.05 APPLICATION FOR PERMIT.
Any person subject to the provisions of this chapter, shall file, in duplicate, an
application for a permit with the Fire Marshal on forms provided by the Fire Marshal.
If the Fire Marshal is unavailable, the applicant may file the forms with the Fire Chief.
37.06 ISSUANCE OF PERMIT.
Upon the filing of an application for a permit, the Fire Marshal shall conduct an
inspection of the premises to ensure compliance with Chapter 37 of this Code of
Ordinances. If the Fire Marshal finds that the owner or operator is in compliance with
Chapter 37, the Fire Marshal shall issue a permit upon payment of all permit and
inspection fees. Any person whose application for a permit is denied may request a
hearing on the matter before the City Council. The request for a hearing shall be filed
in writing with the City Clerk within (7) business days from the mailing of the denial to
the address on the application and
remedy.
37.07 TERM OF PERMIT.
The permit issued under this chapter shall be valid for a period of two (2) years as
listed on the permit.
37.08 INSPECTIONS AUTHORIZED.
1. Authority. The Fire Marshal is hereby authorized to administer and enforce the
provisions of this chapter and to make inspections to determine the condition of all
premises within the City, in order that said officer may perform the duty of
safeguarding the health, safety and welfare of the general public under the provisions
of the Fire Code. The Fire Marshal shall, upon proper service request, enforce the
provisions of this chapter and is hereby authorized and directed to make inspections
pursuant to or in response to a proper service request regarding an alleged violation of
the provisions of Chapter 37 or any of the applicable regulations or rules pursuant
thereto. In absence of the Fire Marshal, the Fire Chief shall perform this duty.
2. Inspections. Inspections of the provisions of this chapter shall be conducted upon
request, on a complaint basis, and/or through a program of regular inspections which
shall be conducted every two (2) years.
37.09 TIME FOR INSPECTIONS.
1. The Fire Marshal is hereby authorized and directed to request entrance to inspect
all premises subject to the provisions of this chapter, between the hours of 8:00 a.m.
and 5:00 p.m. for the purpose of determining whether there is compliance with its
provisions.
2. The Fire Marshal may agree to an inspection by appointment at any time.
37.10 COURT ORDER AVAILABLE.
If the owner, operator, or other person in charge of the premises fails or refuses to
permit free access and entrance to the premises under
part thereof, with respect to which an inspection authorized by this chapter is sought
to be made, the Fire Marshal or Fire Chief, upon a showing that probable cause exists
for the inspection and for the issuance of any order directing compliance with the
inspection requirements of this chapter with respect to such premises, may petition
and obtain such order from a court of competent jurisdiction.
37.11 NOTICE OF VIOLATION.
Whenever the Fire Marshal determines that any premises fails to meet the
requirements set forth in this chapter or in applicable rules and regulations issued
pursuant hereto, the Fire Marshal shall issue a notice setting forth the alleged failures
and advising the owner or operator that such failures must be corrected in order to
obtain a permit. Such notice shall:
1. Be in writing and subsequent to an inspection.
2. List the alleged violations of this chapter or violations of the applicable rules and
regulations issued pursuant hereto.
3. Describe the premises where the violations are alleged to exist or have been
committed.
4. Provide a reasonable time, considering the nature of the remediation or corrective
work, to accomplish such remediation or correction.
5. Be served upon the owner/operator as listed in the application for the permit
personally or by registered mail. If one or more persons to whom such notice is
addressed cannot be found after a diligent effort to do so, service may be made upon
such person or persons by posting a notice in or about the premises, or by causing
publication of such notice to be published in a newspaper of general circulation once
each week for two consecutive weeks.
6. Be served upon the registered agent for the receipt of such service of notice so
designated.
37.12 REVOCATION OF PERMIT.
The City Council shall consider the revocation of a permit if petitioned by the Fire
The person holding
the permit shall be properly notified in person or by phone within 48 hours of the
filing of the petition for revocation with the City Clerk and shall be notified of the date,
defend the petition for revocation. Upon a finding of a violation of Chapter 37 of this
Code of Ordinances, the Council may revoke a permit. Upon the revocation of a
permit pursuant to this section, the person may bring an action in district court at its
own expense within thirty (30) days to review the decision of the City.
37.13 FEES.
1. The applicant shall submit an application fee as adopted by resolution of the City
Council.
2. The fees for review and inspection shall be adopted by resolution of the City
Council.
37.14 PENALTY.
1. Any person who fails to perform an act required by this chapter or who commits
an act prohibited by this chapter or who resists the enforcement of any section of this
chapter shall be guilty of a misdemeanor punishable by a fine or imprisonment as
provided in the Code of Ordinances.
2. Any person who fails to perform an act required by this chapter or who commits
an act prohibited by this chapter or who resists the enforcement of any section of this
chapter shall be deemed to have committed a municipal infraction in accordance with
Chapter 3 of this Code of Ordinances.
3. Any person who fails to perform an act required by this chapter or who commits
an act prohibited by this chapter or who resists the enforcement of any section of this
chapter may be ordered to close the premises to the public until such time as the
violation has been cured.
37.15 REMEDIES NOT EXCLUSIVE.
The remedies provided in the chapter and otherwise in this Code of Ordinances are not
exclusive, or in lieu of, the rights and remedies that the City may have at law or in
equity.
37.16 APPEALS.
The City Council, in regular or special session, shall sit as the Board of Appeals and,
on appeals under this chapter, may seek additional professional counsel or experts in
matters contained in this chapter. A simple majority of the appeal board shall be
deemed to settle matters brought before the board.
1. The City Council, sitting as the Board of Appeals, shall hold meeting from time to
time and conduct hearings on appeals. The appeal board shall act within thirty (30)
days on a timely written request, and if the appeal board fails to act within thirty (30)
days after the filing of a timely written appeal, the appeal shall be deemed granted in
favor of the appellant.
2. Any person aggrieved by any ruling, decision, interpretation, or order regarding the
denial of a permit by the Fire Marshal shall have the right to appeal to the Board of
Appeals by filing written notice of such appeal with the City Clerk within seven (7)
business days from the mailing If such a notice is
filed, the City Clerk in consultation with the Fire Marshal, shall set a time and place
for hearing and so notify the parties to the appeal in writing. The hearing shall be
open to the public and subject to the time limitation set out in the immediately
preceding subsection. The Board of Appeals by simple majority vote shall affirm,
modify, or reverse an appealed ruling, decision, interpretation or order of the Fire
Marshal. The Board of Appeals may permit such variance that can be made without
decreasing the health or safety of persons or property, and when the granting thereof
will not violate the intent and purpose of this chapter. Mere inconvenience or
additional cost to the appellant is not grounds for the granting of such variance.
3. The Board of Appeals shall act within thirty (30) days on a timely written
request. A decision by the Board of Appeals modifying, affirming, or reversing the
decision of the Fire Marshal must be in writing and supported by written findings
establishing the reasonableness of and reasoning for the decision.
4. Upon after both fully availing itself of the review process set forth in subsections
above, and upon receiving formal, written affirmation of a denial of a permit for which
the aforementioned review process was requested, the person may bring an action in
district court at its own expense within thirty (30) days to review a decision of the City
made under this chapter.
Section 3. Repealer. All ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. Severability Clause. If any section, provision or part of this
ordinance shall be adjudged invalid or unconstitutional, such adjudication
shall not affect the validity of the ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section 5. When Effective. This ordinance shall be in effect after its final
passage, approval, and posting as provided by law.
nd
On the 2 day of November 2021, at a regular meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson Limkemann introduced Ordinance No.
2021-486, and moved that it be given its first reading. The motion was
seconded by Councilperson Schnedler.
Ayes: Havens, Olney, Bartels, Schnedler, Limkemann
Nays: None
Five members of the Council being present and having voted "Aye", Mayor Steve
Berner declared the motion carried, and Ordinance No. 2021-486, was read the
first time, discussed, and placed on record.
th
On the 16 day of November 2021, at a regular meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson Limkemann introduced Ordinance No.
2021-486, and moved that it be given its second reading. The motion was
seconded by Councilperson Bartels.
Ayes: Bartels, Schnedler, Limkemann, Havens, Olney
Nays: None
Five members of the Council being present and having voted "Aye", Mayor Steve
Berner declared the motion carried, and Ordinance No. 2021-486, was read the
second time and discussed and placed on record.
th
On the 7day of December 2021, at a regular meeting of the Tiffin City
Council, Tiffin, Iowa, Councilperson Bartels introduced Ordinance No. 2021-
486, and moved that it be given its third and last reading. The motion was
seconded by Councilperson Limkemann.
Ayes: Limkemann, Havens, Schnedler, Bartels.
Nays: None.
Four members of the Council being present and having voted "Aye", Mayor
Steve Berner declared the motion carried, and the ordinance was passed and
adopted.
*This Ordinance was Vetoed by Mayor Berner on December 20, 2021.
CITY OF TIFFIN, IOWA:
By: _______________________________
STEVE BERNER, Mayor
ATTEST:
_______________________________
Abigail Hora, City Clerk