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HomeMy Public PortalAboutORD07452 BILL NO. 102 As amended INTRODUCED BY COUNCILMAN: Hogg, Debo and Hawes _ I !! i ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING ' INSPECTION OF PROPERTY, OTHER THAN PRIVATE DWELLINGS, TO FINK POTENTIAL FIRE HAZARDS AND TO ORDER THEIR ABATEMENT OR REMO AL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, I MISSOURI, AS FOLLOWS: i SECTION 1. Periodic Inspection. It shall be the duty of the Chief of the Fire Department to inspect or cause to be inspected by Fire Department officers or members, as often as may be necessary (being not less than twice a year), all buildings and public thoroughfares, except private dwellings, for the purpose of ascertaining any conditions liable to cause fire. A written report of every such inspection shall be filed at the Fire Department by the inspector. Such inspector may, at all reasonable hours, enter any buildings or premises, other than private dwellings, for the purpose of making an inspection. SECTION 2. Fire Hazards to be Remedied. Whenever such inspector finds combustible or explosive matter or any accumulations of rubbish, waste paper, boxes, cardboard or any other highly flammable materials so situated as to contribute to a fire and endanger lives or property, or, shall find any ` obstructions to, in, or upon fire escapes, hallways, aisles, stairways, landings, basements, rooms, passageways, doors or windows likely to interfere with the egress of occupants from any premises or the operation Ij of Fire Department members within the premises in the event of a fire, he II shall order in writing such condition to be removed or remedied. A copy of said order shall be delivered to the owner, lessee, or occupant of the premise �. i The owner, lessee or occupant of the premises shall cause the condition AMk ! described in such order to be removed or remedied within the time that is it designated by the inspector in said order. SECTION 3. Appeals. Any owner, lessee or occupant of premises aggrieved by an order issued pursuant to Section 2 of this Ordinance may file ian appeal in writing with the City Clerk within five days from receipt of such If order. The City Clerk shall cause notice of such appeal to be given to the members ' of the Fire Department Committee of the City Council within twenty-four hours from receipt thereof. The Chairman of the Fire Department Committee of the i� City Council shall fix a time and place, not less than five (5) days nor more i than fifteen (15) days thereafter when and where such appeal may be heard. i Such appeal shall temporarily stay the execution and necessity for compliance f with the order appealed from. Any person appealing to the Fire Department j ii Committee of the City Council from the order issued pursuant to Section 2 of this Ordinance shall be entitled to be present in person, and by counsel, to present such testimony, witnesses, exhibits and other matter as may be deemed material and relevant to the Fire Department Committee in determining it the issue raised by the appeal. i I j Upon such hearing, the Fire Department Committee of the City Council shall �? either affirm, reverse or modify the order of the fire inspector, by issuing } a written report and order including their findings of fact and the applicable provisions of law, and a copy of their report and order shall be served on the jj appellant and the Fire Chief of the City. Any order of the Fire Department 1i Committee affirming or modifying the order of the fire inspector shall be I complied with by the appellant within the time designated in the report and ( I✓� = l�k RrMt�?'C'c�anu rrL. order of the unless the appellant files a notice of �� Dt vnArM�n/ c1'nrWi�c intention to appeal the decision of the to any court of competent jurisdiction in such manner as may be provided by law. SECTION 4. Penalties. Any person, firm, association, corporation, trustee, or agent of such, who shall fail to comply with an order of the inspector of the Fire Department issued pursuant to the provisions of this l I Ordinance, from which order wo appeal � �o J" taken, or with the report and (( order of the Fire Department Committee of the City Council, or from the judgment and order of any court of competent jurisdiction, within the time ® fixed by such order, report and order, or judgment and order, shall be deeme guilty of a misdemeanor, and upon conviction thereof, shall be fined not more i than One Hundred ($100. 00) Dollars for such offense, and each day that such offense continues or exists shall be deemed a separate and distinct offense. �) SECTION 5. This ordinance shall take effect and be in force from and after its passage and approval. Passed: tee- • y 1gie 3 Approved: tseC . t� Iq 3 , , Presid t of the council Mayor !� Attest: i ii City Cheyk Is �I RI la i a r AMENDMENT NO. 1. Amend Bill 102 by striking the words in line two "other than private dwellings" and in line 3 by striking the word "order" and insert in lieu thereof the words "provide for. " REJECTED AMENDMENT NO. 2. Amend Bill 102, Section 1, line 4 by striking the word "being" and substituting therefor the word "but" and by inserting after the word "less" and before the word "than" the word "of n" and by striking the words "twice a year" and inserting in lieu thereof the words ffqWg each calendar quarter" and by adding at the end of the line a comma and the words "commercial establishments. " REJECTED. AMENDMENT NO. 3. Amend Bill 102, Section 1, line 5 by striking therefrom the words "except private dwellings. " REJECTED. AMENDMENT NO. 4. Amend Bill 102, Section 1, line 6 by deleting the words "and causing to be corrected. " REJECTED. AMENDMENT NO. 5. Amend Bill 102, Section 1, line 7 by adding after the ward "a" and before the word "written" the words "completely detailed. " REJECTED. AMENDMENT NO. 6. Amend Bill 102, Section 1, line 8 by adding after the word "Department" and before the word "by" the words "with copies to the City Council. " REJECTED. AMENDMENT NO. 7. Amend Bill 102, Section 1, line 10 by striking the word "any" and the words "he may deem" and further amend said section by striking all of line 11. SUBSTITUTE. AMENDMENT NO. 8. Aj&nd Bill 102, Section 2, line 4 by adding after the word "materials" and before the w "so" the words "or condition". REJECTED. AMENDMENT NO. 9. Amend Bill 102, Section 2, line 10 by inserting after the word "order" and before the word "such" the words "in writing" and further amend said section line 11 by deleting the words "in writing, causing", and further amend said section line 12 by adding after the word "order" and before the word "to" the words "shall. " ACCEPTED. AMENDMENT NO. 10. Amend Bill 102, Section 3, in line 2 by adding after the word "by" and before the word "an" the words "or in disagreement with". REJECTED. AMENDMENT NO. 11. Amend Bill 102, Section 3, line 6 and 7 by striking the words "Board of Fire Wardens" and substituting therefore the words "Fire Department Committee. " ACCEPTED. AMENDMENT NO. 12. Amend Bill 102, Section 3, line 10 by adding after the word "shall" and before the word "stay" the word "temporarily". ACCEPTED. AMENDMENT NO. 13. Amend Bill 102, Section 3, line 12 by striking the words "Board of Fire Wardens" and substituting therefor the words "Fire Department Committee". ACCEPTED. A NDMENT NO. 14. An end Bill 102, Section 3, line 14 by striking the words "shall be entitled to be present" and substituting in lieu thereof the words "must be present" and further amend line 14 by striking the word "and" and inserting therefor the words "or represented. " REJECTED. AMENDMENT NO. 15. Amend Bill 102, Section 3, lines 16 and 17 by deleting the words "Board of Fire Wardens" and substitute in lieu therfor the words "Fire Department Committee. " ACCEPTED. AMENDMENT NO. 16. Amend Bill 102, Section 3, lines 23 and 24 by striking the words "Board of Fire Wardens" and substituting in lieu therefor the words "Fire Department Committee" and further amend line 24 by adding after the word "inspector" the words "a copy of which shall be sent to each news media of the city. " SUBSTITUTE ACCEPTED. AMENDMENT NO. 17. Amend Bill 102, Section 3, lines 26 and 28 by striking the words "Board of Fire Wardens" where they appear in said lines and inserting in lieu thereof the words "Fire Department Committee. " ACCEPTED. AMENDMENT NO. 18. Amend Bill 102, Section 4, lines 4 and 5 by striking the words "from which order no appeal so( be taken" and further amend said section lines 5 and 6 by striking the words "Board o re Wardens" and inserting in lieu thereof the words "Fire Department Committee. " SUBSTITUTE ACCEPTED.