In addition to the penalties provided in section 18-09-03, any person, firm, or corporation who violates or remains in violation of any of the provisions hereof, or of any rule or regulation promulgated by the state fire marshal hereunder, may be directed and ordered by the state fire marshal or by the fire chief of any city or township, by notice in writing setting forth the facts relating to such violation to correct said violation. Such notice in writing must be served personally upon said person or mailed by registered or certified mail to the principal office of said person, firm, or corporation or if an individual, to the individual’s residence. If such order is not complied with and such violation not corrected within twenty days of the date of service of said order the state fire marshal or fire chief of any city or township shall file, in the district court of the county where such person or corporation may reside or have the person’s or corporation’s principal place of business or residence or where such violation occurs, a petition or complaint setting forth the facts relating to the making and serving of such order and praying for an injunction or an abatement, and the court upon notice and proper hearing shall make such determination thereof as seems necessary and proper to correct the violation and secure enforcement of said abatement order. Every order issued by the officials hereinbefore mentioned under the provisions of this section is prima facie evidence of the truth of the matters and things therein set forth. The court may issue such temporary orders pending full hearing as may seem necessary and expedient. The procedures must be as prescribed for the securing of an injunction or for the abatement of hazards in the laws of this state or under the rules and practices of the court.

Terms Used In North Dakota Code 18-09-04

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49