§ 7-47. Investigation and enforcement powers.

(a)

The provisions of this article, and the rules and regulations adopted herein pertaining to the fire safety of the public, shall be investigated by the county fire marshal, and his duly authorized agent or agents, and all of the above shall be empowered to investigate any violation of this article so long as they are considered fire safety inspectors pursuant to Sections 633.021(9) and 633.052(1)(a), Florida Statutes. Fire safety inspectors are also designated code enforcement officers for purposes of Section 162.21, Florida Statutes, when enforcing provisions of Polk County's fire prevention code.

(b)

It shall be unlawful for any person to violate the fire safety codes adopted by Ordinance No. 91-07, as amended, or fail to comply therewith; or to violate or fail to comply with any order made thereunder; or to permit or maintain such a violation.

(c)

Prior to issuing a citation, a fire safety inspector shall provide a written warning to the person that the person has committed a violation of this article and must correct this violation within a minimum time period of forty-five (45) days from the day this notice is issued, except major structural changes, which may be corrected within an extended adequate time period.

(d)

If, upon personal investigation, a fire safety inspector finds that the person has not corrected the violation within the time period, a fire safety inspector may issue a citation to the person who has committed the violation. All citations shall meet the requirements of Section 633.052(1)(b), Florida Statutes, including but not limited to, a conspicuous statement that the individual has thirty (30) days from date the citation was issued to request a hearing to contest the citation with a special magistrate created pursuant to Polk County Ordinance 06-051, such statement shall include the contact information for requesting a hearing. If such date falls on a Saturday, Sunday or county holiday, then the individual shall have until the end of the next day which is neither a Saturday, Sunday, or county holiday to request a hearing. Upon the special magistrate office receiving a request to contest a citation, the individual shall be given written notice of the hearing in accordance with Polk County Ordinance 06-051, Section 9 [section 2-109].

(e)

A fire safety inspector, who has probable cause to believe that a person has committed a violation of the fire safety codes adopted by Ordinance No. 91-07, as amended, may issue to that person a citation not to exceed a civil penalty under Section 633.052, Florida Statutes. However, if the person who committed the violation does not contest the citation, then the civil penalty shall be less than the maximum civil penalty permitted.

(f)

Any person who willfully refuses to sign and accept a citation issued by a fire safety inspector shall be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 and 775.083, Florida Statutes. If a person refuses to sign the citation, the fire safety inspector shall write the words "refused to sign" or something to this effect in the space provided for the person's signature, and leave a copy of the citation with the person cited. The fire safety inspector shall then contact the Polk County Sheriff's office to file the necessary reports alleging a violation of Section 633.052(3), Florida Statutes.

(g)

The imposition of a penalty does not excuse the violation and each day a violation continues is a separate, punishable offense.

(h)

Pursuant to Section 633.052(2), Florida Statutes, firesafety code violations shall be enforced by the special magistrate in accordance with Polk County Ordinance 06-051, and any amendments thereto. The special magistrate is expressly given the ability to impose a fine up to the maximum civil penalty allowed under Section 633.052, Florida Statutes. Any inconsistency between this Ordinance and Polk County Ordinance 06-051 shall be controlled by the provisions of this article.

(Ord. No. 91-07, § 7, 4-23-91; Ord. No. 99-47, § 1(7), 11-16-99; Ord. No. 07-013, §§ 2, 3(7), 4-18-07)

Editor's note

It should be noted that Ord. No. 06-051 cited in the above section was repealed by Ord. No. 07-058.