Sections:

Sections:

Sections:

1.

The provisions of Title 14 shall be enforced by the Carson City fire department—fire prevention division, which is hereby established and which shall be operated under the supervision of the chief.

2.

An officer in charge of the bureau of fire prevention shall be appointed by the chief.

3.

The chief may detail such members of the fire department as inspectors as shall be necessary.

4.

The chief may appoint or utilize technical experts in the enforcement of this title.

5.

Members of the fire prevention division, the chief, and those members designated as inspectors by the chief shall have the powers to issue citations and to carry out the provisions of this title.

6.

A person, business or company may request that inspection services be conducted outside established work hours of the fire prevention division, provided that any additional costs incurred by the department for such inspections shall be paid by the requestor.

(Ord. 2004-30 § 2 (part), 2004).

Wherever the word "jurisdiction" is used in this title, it shall be held to mean Carson City or Carson City fire department.

(Ord. 2004-30 § 2 (part), 2004).

Whenever the term "chief of police" or "police" is used in this title, it shall be held to mean the sheriff of Carson City or his duly authorized deputies.

(Ord. 2004-30 § 2 (part), 2004).

Persons who violate a provision of this title or who fail to comply with the lawful order of the chief, the fire code official or their designee shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 and/or by imprisonment of not more than 6 months. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 2004-30 § 2 (part), 2004).

Emergency fire department response to fire or medical alarms which are falsely sent, either accidentally or due to equipment failure, may subject the property owner to a service charge of $300.00 per occurrence after the third such occurrence in a calendar year.

(Ord. 2007-43 § 2, 2007: Ord. 2004-30 § 2 (part), 2004).

The chief is authorized to approve an alternative material or method of construction where the fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this title, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this title in quality, strength, effectiveness, fire resistance, durability and safety.

(Ord. 2004-30 § 2 (part), 2004).

(Ord. No. 2013-22, § II, 8-15-2013)

Editor's note— Ord. No. 2013-22, § II, adopted August 15, 2013, repealed § 14.01.040, which pertained to alternative materials and methods. See Code Comparative Table and Disposition List for complete derivation.

The following nationally recognized codes and local amendments are hereby adopted by Carson City, together with the supplements, listed changes, additions and deletions as noted below. One (1) copy of each document noted is on file in the office of the Carson City Clerk/Recorder and one (1) copy is on file and available for viewing at the Carson City Fire Department.

A.

2018 Edition, International Fire Code (IFC), chapters 1 through 80 and Appendices B, C, D, F, and L with the additions, deletions and changes prescribed in this ordinance.

B.

2018 Edition of the International Wildland-Urban Interface Code, chapters 1 through 7 and Appendices A, and B with the additions, deletions and changes prescribed in this ordinance.

C.

2018 Northern Nevada Fire Code Amendments.

D.

2018 Northern Nevada Wildland-Urban Interface Code Amendments.

(Ord. No. 2013-23, § II, 8-15-2013; Ord. No. 2018-20, § I, 12-20-2018)

The provisions of the 2018 IFC shall be modified as noted below:

A.

Section 101.1—Title. Section 101.1 of the International Fire Code is amended to read as follows:

These regulations shall be known as the fire code of Carson City, hereinafter referred to as "this code."

B.

Section 102.7 Referenced codes and standards.

Section 102.7 of the International Fire Code is amended to read as follows:

The codes and standards referenced in this code shall be those that are listed in Chapter 80, except that the most current version of each of those codes and standards shall apply. Where this code refers to the International Plumbing Code, the adopted version of the Uniform Plumbing Code will be substituted. Where this code refers to the International Electrical Code, the adopted version of the National Electric Code will be substituted.

Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply.

C.

Chapter 1 Section 103.2—Appointment.

Section 103.2 of the International Fire Code is amended to read as follows:

The fire code official is the Fire Chief, or his or her designee, of the Carson City Fire Department.

D.

Chapter 1 Section 105.6—Fire hydrants and valves.

Section 105.6.15 of the International Fire Code is amended to read as follows:

No person or persons shall use or take water from or tamper with any fire hydrant without first obtaining authority from the utility department in the form of a written permit to be issued for that purpose. The permit shall be issued in such form and subject to such regulations and conditions related to instruction in the use and operation of fire hydrants as the utility department may reasonably prescribe for the purpose of protecting and avoiding damage to such fire hydrants and connected facilities.

E.

Chapter 1 Section 105.7—Required construction permits.

Section 105.7 of the International Fire Code is amended to read as follows:

The fire code official is required to issue construction permits for work as set forth in Section 105.7.1 through 105.7.25. A permit or plan review fee, or both, may be charged for the issuance of such permits.

F.

Chapter 1 Section 110.2—Owner/occupant responsibility.

Section 110.2 of the International Fire Code is amended to read as follows:

Correction and abatement of violations of this code and Title 14 shall be the responsibility of the owner. If an owner or occupant creates, or allows to be created, hazardous conditions in violation of this code or Title 14, the owner shall be held responsible for the abatement of such hazardous conditions in accordance Chapter 14.05 of this code.

G.

Chapter 1 Section 110.4—Violation penalties.

Section 110.4 of the International Fire Code is amended to read as follows:

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, installs, alters, repairs or does work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served is considered a separate offense.

H.

Chapter 1 Section 112.4—Failure to comply.

Section 112.4 of the International Fire Code is amended to read as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) and/or by imprisonment of not more than six (6) months. Each day that a violation continues after due notice has been served is considered a separate offense.

I.

Chapter 2 through Chapter 80.

Chapter 2 through Chapter 80 are amended as indicated in the 2018 Northern Nevada Fire Code Amendments adopted by reference.

(Ord. No. 2013-23, § III, 8-15-2013; Ord. No. 2016-10, § II, 7-7-2016; Ord. No. 2018-20, § II, 12-20-2018)

The provisions of the 2018 International Wildland-Urban Interface Code shall be modified as indicated in the 2018 Northern Nevada Wildland-Urban Interface Code Amendments, unless otherwise provided in this section.

These regulations shall be known as the Wildland-Urban Interface Code of the Carson City Fire Department, hereafter referred to as "this code." The Fire Code Official is the Fire Chief or his or her designee. The provisions of the 2018 International Wildland-Urban Interface Code shall be modified as noted below:

A.

Chapter 1 Section 110.4.7—Violation penalties.

Section 110.4.7 of the International Wildland-Urban Interface Code is amended to read as follows:

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, installs, alters, repairs or does work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment not exceeding 6 months, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served is considered a separate offense.

B.

Chapter 1 Section 114.4—Failure to Comply.

Section 114.4. of the International Wildland-Urban Interface Code is amended to read as follows:

Any person who continues work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $1,000. Each day that a violation continues after due notice has been served is considered a separate offense.

C.

In the event a lien is recorded against a property resulting from a violation of Section 603.2.1.1, an action to foreclose against the property, in accordance with State law, shall not be pursued by the City without making a reasonable attempt to provide notice to the property owner. For the purposes of this provision, a reasonable attempt means:

a.

Mailing a notice of intent to pursue foreclosure action to the property owner at the address listed on the property tax bill, and giving the property owner 30 calendar days from the date of the postmark to pay the lien. It is the property owner's responsibility to keep his or her address updated with the Carson City Assessor's office; and

b.

Calling the property owner at the phone number available through Directory Assistance in the City where the property tax bill is sent.

(Ord. No. 2013-23, § IV, 8-15-2013; Ord. No. 2018-20, § III, 12-20-2018)

1.

It is unlawful for any person, firm, corporation or association to burn or attempt to destroy by fire any leaves, straw, shavings, sweepings, papers, wood rubbish or waste materials of any kind whatsoever, or to kindle or ignite any fire out of doors, or in any highway as defined in Title 10 or other public ground.

2.

During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity.

(Ord. 2004-30 § 2 (part), 2004).

The chief may prohibit any or all bonfires, outdoor fires or incinerator fires when atmospheric conditions or local circumstances make such fire hazardous.

(Ord. 2004-30 § 2 (part), 2004).

No person shall kindle or maintain any bonfire, rubbish fire, brush fire, agriculture fire or open burn, or authorize any such fire to be kindled or maintained on any public or private land without first having obtained a permit from the fire department.

(Ord. 2004-30 § 2 (part), 2004).

Any section of this chapter which is in conflict with provisions of the International Fire Code shall be considered as superseded by the International Fire Code.

(Ord. 2004-30 § 2 (part), 2004).

The Carson City board of supervisors finds that it is necessary to establish appropriate procedures for the administrative and summary abatement of violations of Title 14 of the Carson City Municipal Code. The procedures established in this chapter shall be in addition to any civil or criminal remedies established by law which may be pursued to address violations of Title 14 of this code.

(Ord. 2007-43 § 25, 2007).

1.

The operation of this chapter shall in no way change or diminish the effect of other ordinances in the code dealing with like or similar matters.

2.

In any case where a provision of this chapter is found to be in conflict with any other Carson City Municipal Code, the provision which establishes the higher standard for the promotion and protection of health and safety of the people shall prevail.

3.

It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances or with private restrictions placed upon property by covenant, deed, or other private agreement except those specifically repealed by this chapter.

4.

In cases where 2 or more provisions of this chapter conflict, the most stringent or restrictive shall prevail.

(Ord. 2007-43 § 26, 2007).

Any condition caused, maintained or permitted to exist in violation of any provision of Title 14 of the code may be abated by Carson City pursuant to the procedures set forth herein.

(Ord. 2007-43 § 27, 2007).

The following words when used in this chapter shall have the meanings respectively ascribed to them:

1.

"Business day" means each day the city is open to conduct business excluding Saturdays, Sundays and holidays designated as legal holidays for the State of Nevada pursuant to NRS 236.015.

2.

"Enforcement official" shall mean anyone appointed by the Carson City Fire Chief who has the authority to enforce the provisions of Title 14.

3.

"Owner" means a legal entity listed as current or rightful owner(s) as recorded in the official records of the Carson City recorder's office.

(Ord. 2007-43 § 28, 2007).

Whenever the enforcement official determines that public or private property or any portion of public or private property is in violation of any section of Title 14 of the code, a notice to abate may be issued to the owner to abate the violation. The notice to abate shall include the following information:

1.

A description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to specific sections of Title 14 of the code violated;

2.

A description of the action required to abate the violation which may include, but is not limited to: corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or occupants or other appropriate action and shall establish time frames by which each action must occur;

3.

A description of consequences should the owner fail to comply with the terms of the notice; and

4.

A statement that the responsible person may request an administrative hearing on the notice to abate in accordance with Sections 14.05.130 to 14.05.230 of this chapter of the code.

(Ord. 2007-43 § 29, 2007).

A notice to abate shall be served on the responsible person by certified mail, postage prepaid, return receipt requested or hand delivered. The failure of the owner to accept the certified mailing does not affect the validity of any proceedings taken under this code.

(Ord. 2007-43 § 30, 2007).

Once the enforcement official follows the procedures set forth in Section 14.05.050 of this chapter of the code and the time for compliance has lapsed without abatement being fully completed by the owner, the conditions may be abated by city personnel or by a private contractor hired by the city for that purpose.

1.

City personnel or a private contractor can enter upon private property in a reasonable manner to abate the conditions as specified in the notice to abate.

2.

When the abatement is completed, a report describing the work performed and an itemized accounting of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the owner, the assessor's parcel number and a legal description of the property.

3.

The enforcement official shall schedule a confirmation of costs hearing before a hearing officer pursuant to the procedures set forth in Sections 14.05.130 to 14.05.230 of this chapter of the code, unless waived in writing by the owner.

4.

All administrative fees and actual costs incurred by the city in abating the violations may be assessed and recovered against the owner pursuant to the provisions set forth in this chapter of the code.

(Ord. 2007-43 § 31, 2007).

1.

Whenever an enforcement official determines in a signed, written statement that there is a violation of Title 14 and there is a need to abate a dangerous structure or condition that exists which is an imminent danger to the health or safety of persons, the owner of the property must be given reasonable written notice that is:

a.

If practicable, hand delivered or sent prepaid by United States mail to the owner of the property; or

b.

Posted on the property, before the structure or condition is abated. The notice must state clearly that the owner of the property may challenge the action to abate the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

2.

The costs of abating the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

3.

As used in the section, "imminent danger" means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the safety or health of:

a.

The occupants, if any, of the real property on which the structure or condition is located; or

b.

The general public.

(Ord. 2007-43 § 32, 2007).

1.

The enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the imminent danger.

2.

The enforcement official may also pursue any other criminal, administrative or judicial remedy to abate any remaining violations.

(Ord. 2007-43 § 34, 2007).

1.

An enforcement official may record a code enforcement lien in the official records of Carson City to collect all abatement costs provided for in this chapter.

2.

Before recording a code enforcement lien, an enforcement official shall provide to the owner a notice of intent to record stating that a code enforcement lien will be recorded unless payment of all monies due is paid in full on or before the date listed therein.

3.

The recorded code enforcement lien shall include the name of the property owner, the assessors parcel number, the street address, the parcel's legal description, and a copy of the latest amounts due to the city.

4.

Any costs associated with recording the code enforcement lien or removal thereof may be assessed against the property.

(Ord. 2007-43 § 35, 2007).

A copy of the recorded code enforcement lien shall be mailed to the owner by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2007-43 § 36, 2007).

Once payment in full is received for the outstanding administrative costs and fees, or the amount is deemed satisfied pursuant to written notification by the city, the enforcement official shall, within 10 business days from the date payment is made or decision is final, record a notice of satisfaction with the Carson City recorder's office. The notice of satisfaction shall include the same information as provided for in the original code enforcement lien. The notice of satisfaction shall cancel the code enforcement lien.

(Ord. 2007-43 § 37, 2007).

This chapter establishes the procedures for the use of hearing officers and the procedures governing administrative hearings.

(Ord. 2007-43 § 38, 2007).

Any hearing officer presiding at administrative hearings shall be appointed and compensated by the city. The hearing officer shall not be an employee of the city.

(Ord. 2007-43 § 39, 2007).

Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law.

(Ord. 2007-43 § 40, 2007).

1.

The hearing officer shall preside over administrative hearings.

2.

The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

3.

The hearing officer, upon receipt of a written request which is submitted no later than 5 business days before the hearing, may issue a subpoena for witnesses, documents and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena.

4.

The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist, granting a new hearing.

(Ord. 2007-43 § 41, 2007).

It is unlawful for any person to refuse to obey a subpoena issued by a hearing officer. Failure to obey a subpoena constitutes contempt and may be prosecuted as a misdemeanor.

(Ord. 2007-43 § 42, 2007).

1.

An owner served with a notice to abate may file a request for administrative hearing within 10 business days from the service of the notice.

2.

The request for administrative hearing shall be made in writing on a form provided by the Carson City Fire Department and shall state the grounds for requesting the hearing and be filed with the Carson City Fire Department on or before 10 business days after service of the notice.

(Ord. 2007-43 § 43, 2007).

1.

Where the owner has timely requested an administrative hearing, the hearing officer shall schedule a day, time and place for the hearing.

2.

Written notice of the time and place of the hearing shall be served upon the owner at least 10 business days prior to the date of the hearing.

3.

The notice of hearing shall be served by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2007-43 § 44, 2007).

1.

Administrative hearings are intended to be informal in nature. The hearing officer is not bound by the technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony will invalidate any decision of the hearing officer. The rules of evidence of courts of the State of Nevada will generally be followed but may be relaxed at the discretion of the hearing officer when deviation from the technical rules of evidence will aid in ascertaining the facts. The rules pertaining to discovery do not apply.

2.

An objection to the admissibility of evidence may be made by any party of record and the objection will be ruled on by the hearing officer. When an objection is made to the admission or exclusion of evidence, the grounds upon which the relief is sought must be stated briefly. The hearing officer, with or without objection, may exclude inadmissible, incompetent, repetitious, or irrelevant evidence. Any evidence offered at the hearing must be material and relevant to the issues of the hearing.

3.

Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

(Ord. 2007-43 § 45, 2007).

The city bears the burden of proof at an administrative hearing to establish the existence of a violation of Title 14 of the code. The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.

(Ord. 2007-43 § 46, 2007).

Representation in a contested case is limited to representation in proper persona or by an attorney who is licensed to practice law in the State of Nevada.

(Ord. 2007-43 § 47, 2007).

Any owner who requests a hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and all objections to the notice to abate, provided that the hearing was properly noticed.

(Ord. 2007-43 § 48, 2007).

1.

The decision of the hearing officer shall be entitled "administrative order."

2.

Once all evidence and testimony are completed, the hearing officer shall issue an administrative order which affirms, modifies or rejects the enforcement official's action.

3.

The hearing officer may issue an administrative order that requires the owner to cease violating Title 14 of the code and to make necessary corrections, repairs, or to complete any other reasonable act requested by the enforcement official, which may be modified by the hearing officer, to bring the property into compliance with Title 14 of the code. The hearing officer shall include a specific time frame to complete the requested act.

4.

The hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative order.

5.

The administrative order shall become final on the date of service of the order.

6.

The administrative order shall be served on all parties by certified mail, postage prepaid, return receipt requested or hand delivered.

(Ord. 2007-43 § 49, 2007).

Failure to comply with an administrative order constitutes a misdemeanor.

(Ord. 2007-43 § 50, 2007).

Within 10 calendar days from service of an administrative order or other decision by the hearing officer, any party may appeal the determination of the hearing officer to justice/municipal court, unless appeal to another tribunal is required by law. Any party failing to timely file an appeal to court shall be deemed to have waived any and all objections to the administrative hearing officer's decision. Trial in court shall be de novo.

(Ord. 2007-43 § 51, 2007).

Unless otherwise provided in the court's order, the owner shall complete all actions necessary to bring the property into compliance with Title 14 of the code within 10 calendar days of service of the court's decision.

(Ord. 2007-43 § 52, 2007).