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HomeMy Public PortalAboutOrdinances-2021-486 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