Abatement of fire hazards

N.D.C.C. § 18-01-14 — under State Fire Marshal Department.

N.D.C.C. § 18-01-14

If the state fire marshal, a deputy state fire marshal, or any other officer mentioned in section 18-01-06 finds a building or other structure which is subject to fire because of age or dilapidation, defective or poorly installed electrical wiring or equipment, defective chimneys, gas connections, or apparatus, or for any other reason, and is so situated as to endanger other buildings or property, such officer shall order such buildings to be repaired or torn down or all dangerous conditions therein to be remedied or abated. If the officer finds in a building or upon any premises any combustible or explosive material, rubbish, rags, waste, oils, or gasoline, or any condition which is dangerous to the safety of such building or property, the officer shall order such material removed or such dangerous condition remedied or abated. Any owner, agent, lessee, or occupant of a building or premises upon which a condition described in this section is found and upon whom an order of abatement is served shall comply with such order within the time therein limited.

18-01-15. Abatement of conditions dangerous to persons - Order - Failure to comply - Penalty. If the state fire marshal or a deputy state fire marshal finds in any building or upon any premises any condition which is a danger or a menace to the safety of life and limb of the occupants of that building or of any adjacent building, such officer shall issue an order for the immediate removal or correction of the dangerous condition. Any owner, agent, or occupant upon whom an order of abatement issued under this section is served, who fails to comply with the order within the time specified therein, is guilty of a class B misdemeanor, and is guilty of a class A misdemeanor upon a second or subsequent offense.

18-01-16. Order of abatement - To whom directed - Contents - How served - Service by publication. An order of abatement must be in writing and must state concisely the grounds upon which it is based. It must be made against the owner, lessee, or occupant of the building or premises therein described and must be served personally or by registered or certified mail upon the person therein named or that person's agent. If the owner of such premises is not a resident of this state, and if such premises are unoccupied, or if the owner of the premises has no known address, the order of abatement must be served by the publication of the same for three successive weeks in the official newspaper of the county in which the premises described in the order are situated, and the order must be deemed to have been served upon the date of the last publication.

18-01-17. Appeal to state fire marshal from abatement order - Record made by state fire marshal. If the owner, lessee, agent, or occupant of any building or premises described in an abatement order is aggrieved by such order and desires a hearing thereon, the person may complain or appeal in writing to the state fire marshal within five days from the service of the order, and the state fire marshal shall investigate said complaint immediately. The state fire marshal shall fix a time, not less than five days nor more than ten days thereafter, and a place when and where the state fire marshal will hear the complaint. The state fire marshal at said hearing shall make a complete record of the proceedings and may affirm, modify, revoke, or vacate the order, and unless the order is revoked, modified, or vacated, it must remain in force and be complied with by such owner, lessee, agent, or occupant within the time fixed in said order or within such time as may be fixed by the state fire marshal at said hearing unless an appeal is taken from the order.