Sec. 5-40. - Same—Court review.

(a)

Any building owner aggrieved by any decision of the board refusing to grant a variation pursuant to the provisions provided in state statute may, within 30 days after such decision, commence an action in the sixth division of the district court against the chief of the department or his designate for a review of such decision. A party aggrieved by a final order of the court may seek review thereof in the Supreme Court by a petition for writ of certiorari in accordance with the procedures contained in state statute.

(b)

Any person aggrieved by the enforcement against him of the fire safety code, any safety code adopted under this chapter, or any amendments thereof may, after its effective date, commence an action in the superior court for the county in which the building involved is located against the chief of the department or his designate to set aside such code or codes or portion or portions thereof on the ground that it is unlawful or unreasonable. The court may set aside such code or codes or portion or portions thereof if, upon all the evidence, it appears to the court that such code or codes or portion thereof is unlawful or unreasonable.

(c)

In any proceedings under this section, the court shall order notice to be given to the board and to the chief of the department or his designate in such manner as it shall determine. Any such proceeding and the pleadings therein shall be governed by the laws and rules of practice applicable to other civil actions in such court.

(Rev. Ords. 1987, § 5-17)