[HISTORY: Adopted by the Council of the City of Breckenridge as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-8-1973 as Art.
I of Ord. No. 274]
In the event the provisions of any ordinance pertaining to the prevention
of fire are not being complied with or a fire hazard exists, the Fire Chief
or Assistant Chief may, in lieu of or in addition to any other penalty provided,
issue an order to the owner, occupant or other person responsible for the
violation or existence of the fire hazard to make the necessary correction
within a reasonable time, which said time shall be stated in the order. A
copy of said order shall be served on the person or persons responsible in
the manner in which a District Court summons is served, if such persons can
be found in the city. Such orders must be complied with within the time stated
in the order.
In case of an emergency when it is determined by the Fire Chief or Assistant
Fire Chief that a fire hazard exists which must be corrected immediately in
order to safeguard life or property, the Fire Chief or Assistant Fire Chief
may take action to correct such fire hazard immediately without notice to
the persons responsible. In such an event, the costs of correcting or removing
such fire hazard may be charged to and collected from the person or persons
responsible.
In the event any person responsible for the creation or existence of
a fire hazard fails to comply with the order of the Fire Chief or Assistant
Fire Chief within the time stated in such order, or in the event the person
or persons responsible for the creation or existence of a fire hazard cannot
be found within the city, the Fire Chief or Assistant Fire Chief may, in lieu
of or in addition to any other penalty provided, take action to correct or
remove such fire hazard and the cost thereof may be charged to the person
or persons responsible.
All provisions of this chapter shall be in addition to the laws of the
State of Minnesota or the regulations of the Fire Department of the State
of Minnesota and other city ordinances. In all cases where the laws of the
State of Minnesota or the regulations of the State Fire Marshal or other ordinances
of the city are more stringent than the requirements of this chapter, the
more stringent requirements shall control.
Nothing contained in this chapter shall be construed to prevent the
city officials or the Fire Marshal of the State of Minnesota from proceeding
to remove fire hazards and to cause the condemnation and removal of damaged
buildings and structures under the provisions of other city ordinances or
the laws of the State of Minnesota and the regulations of the Fire Marshal
of the State of Minnesota rather than under the provisions of this chapter.
Any person refusing to comply with an order of the Fire Chief or Assistant Fire Chief or anyone who obstructs or attempts to obstruct the Fire Chief, Assistant Fire Chief or Codes Administrator in the performance of their duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty.
