§ 15.08.050. Penalties.

A. Persons who shall violate a provision of this Chapter 15.08, including any provisions of any code adopted by this chapter, or shall fail to comply with any of the requirements thereof, or who shall erect, install, alter, repair, or do 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 unless such violation is declared to be an infraction by Chapter 82 of the 2017 County of Los Angeles Fire Code, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.

B. In addition to the imposition of penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business, or occupancy of a structure on or about any premises. The owner of any parcel upon which a nuisance is found to exist may, as provided for by state, county, and local law, be liable for all costs of abatement of the nuisance.

C. Any person: (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him to escape onto any public or private property; (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard; or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire, for the cost of providing rescue or emergency medical services, for the cost of investigating and making any reports with respect to the fire, and for the costs relating to accounting for that fire and the collection of any funds pursuant to state or local law, including but not limited to, administrative costs of operating a fire suppression cost recovery program to the fullest extent authorized by law. All of these costs shall be a charge against that person, shall constitute a debt of that person, and is collectible by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.

D. All expenses of an emergency response necessary to protect the public from a real and imminent threat to health and safety by a public agency to confine, prevent, or mitigate the release, escape, or burning of hazardous substances are a charge against any person whose negligence causes the incident to the fullest extent authorized by law, if either of the following occurs:

1. Evacuation beyond the property where the incident originates is necessary to prevent loss of life or injury.

2. The incident results in the spread of hazardous substances or fire posing a real and imminent threat to public health and safety beyond the property of origin.

Expenses reimbursable to the county or fire district pursuant to this section are a debt of the person liable therefore, and shall be collectible in the same manner as in the case of an obligation under contract, express or implied. The charge created against the person related to hazardous substances by this section is also a charge against the person's employer if the negligence causing the incident occurs in the course of the person's employment.

(Ord. 2017-11-1496 § 1 (part))