§ 38-38. Violations; penalties.

(a)

It shall be unlawful for any person to violate this article, to permit or maintain such a violation, to refuse to obey any provisions thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the fire marshal in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others.

(b)

Any person who shall violate any of the provisions of the code hereby adopted; or shall fail to comply therewith; or shall violate or fail to comply with any order made thereunder; or shall build in violation of any details, statements, specifications, or plans submitted or approved thereunder; or shall operate not in accordance with the provisions of any certificate, permit, or approval 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 fire marshal or by a court of competent jurisdiction within the time fixed in this article shall severally for each and every violation and noncompliance, respectively, be punished as provided in section 1-13 of this Code. The imposition of one penalty for any such 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. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Code 1979, § 11-81)