A person owning, operating, occupying or maintaining property or premises
within the scope of this chapter or other laws, ordinances, codes, rules and
regulations applicable to fire prevention and firesafety shall comply with
all the provisions of said chapter or other laws, ordinances, codes, rules
and regulations or determinations or orders issued in connection therewith.
A.
When any order is issued pursuant to this chapter or
when any infraction of the applicable code, ordinance or law has been established,
the owner, lessee, agent or contractor shall be served with a written notice
of violation and order to remedy stating the required remedial action.
B.
Whenever an order to remedy or an order for immediate
closing of a building or premises or for the immediate removal of an obstruction
is given, said order shall be written and three (3) copies made. The original
is to be kept on file in the office of the Fire Inspector; one (1) copy is
to be given to the individual directed to carry out the order; and one (1)
copy is to be given to the owner or occupant and, if none, affixed and dated
with the date and time by the Fire Inspector or his duly authorized assistant
issuing the order.
A.
The service of orders to remove or remedy and of notices
of violations may be made upon the occupant of the premises to whom it is
directed either by delivering a copy of the same to such occupant personally
or by delivering the same to and leaving it with any person of suitable age
and discretion in charge of the premises or, in case no person is found upon
the premises, by affixing a copy thereof in a conspicuous place on the door
to the entrance of said premises and mailing in a second copy by certified
mail, return receipt requested, to said occupant at the premises. Whenever
it may be necessary to serve such order upon the owner of the premises, such
order may be served either by delivering to and leaving with said person a
copy of said order or, if such owner cannot be served in such manner or is
absent from the jurisdiction of the officer making the order, by mailing such
copy to the owner's last known post office address by certified mail,
return receipt requested.
B.
Any such order shall be complied with by the owner or
occupant of such premises or building within the time fixed in said order.
Such owner or occupant, however, may within forty-eight (48) hours appeal
from such order to the Bureau of Fire Prevention of the Town of Newburgh by
filing his appeal, giving the reasons therefor, with the Chief of the Bureau
of Fire Prevention. Such appeal shall stay the enforcement of the order temporarily.
The Bureau of Fire Prevention shall have the power to modify any of the orders
of the Fire Inspector or of the provisions of the aforementioned codes when
there are practical difficulties in the way of carrying out the strict letter
of the order or code, provided that the spirit of the order or code shall
be observed, public safety secured and substantial justice done. The Bureau
of Fire Prevention shall, within five (5) days after the filing of such appeal,
review such order and file its decision thereon within thirty (30) days with
the Town Clerk, and unless such order is revoked or modified, it shall remain
in full force and be complied with within the time fixed in the order, which
time shall be construed to run from the date of filing of the decision of
the Bureau of Fire Prevention with the Town Clerk. Any such owner or occupant
may, within thirty (30) days after the filing of the decision of the Bureau
of Fire Prevention on an appeal from such order, file his petition with a
court of competent jurisdiction, praying for a review of such order.
