La Mesa Municipal Code Ch. 11.12 Administration

A. ENFORCEMENT. The uniform fire code shall be enforced by the bureau of fire prevention in the fire department of the city of La Mesa which is hereby established and which shall be operated under the supervision of the chief of the fire department.

B. ASSIGNMENT OF OFFICER. The officer in charge of the bureau of fire prevention shall be assigned by the chief of the fire department.

C. DETAILING INSPECTORS. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary.

D. RECOMMENDING AMENDMENTS. The chief of the fire department shall recommend any amendments to the code which, in his judgment, shall be desirable.

(Ord. 1411 § 2; March 24, 1964)

The chief of the fire department shall have power to modify any of the provisions of the uniform fire code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Ord. 1411 § 38; March 24, 1964)

Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city manager of the city of La Mesa within thirty days from the date of the decision appealed.

Any person aggrieved by any action of the city manager taken pursuant to this code shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk, within fourteen days after notice of the action complained of has been received by such person, a statement setting forth fully the grounds of such appeal. The council shall set a time and place for a hearing on such appeal and the city clerk shall promptly give notice of such hearing to the appellant in writing and mailed, postage prepaid, to the appellant at his last known address at least five days prior to the date set for such hearing. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 1411 § 39; March 24, 1964)

The city manager, the chief of the fire department and the officer in charge of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The chief of the fire department shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(Ord. 1411 § 40; March 24, 1964)

A. PENALTIES. Any person who shall violate any of the provisions of the code hereby adopted or of this title or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council of the city of La Mesa or by a court of competent jurisdiction, within the time fixed therein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail of San Diego County for a period of not more than six months, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.

B. REMOVAL OF CONDITIONS. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. 1411 § 41; March 24, 1964)

If any section, subsection, sentence, clause or phrase of this title is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this title. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. 1411 § 43; March 24, 1964)