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HomeMy WebLinkAbout47782 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 O SI#AI ORDINANCE NO. 4 7 7 8 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON ~ENDING AUBURN CITY CODE CHAPTER 15.36 ENTITLED "FIRE CODE". WHEREAS, the City of Auburn desires to amend Auburn City Code Chapter 15.36; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE. The purpose of this ordinance is to amend Auburn City Code Chapter 15.36. Section 2. AMENDMENTS TO CHAPTER 15.36. Chapter 15.36 entitled "Fire Code" of the Auburn City Code shall be amended as set forth herein. Section subsection, in Exhibit "A" attached hereto and incorporated 3. SEVERABILITY. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. such administrative procedures as may be necessary to out the directives of this legislation. Section 5. This Ordinance shall take effect and force five (5) days from and after publication, as provided by law. The Mayor is hereby authorized to implement carry be in its passage, approval and Ordinance No. 4778 August 3, 1995 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: ATTEST: -R~fI~-WlYtTI~II%-C~, Danielle E. Daskam, Deputy City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 4778 August 3, 1995 Page 2 August 7, 1995 August 7, 1995 August 7, 1995 CHARLES A. BOOTH MAYOR 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 EXHIBIT "A" Chapter 15.36 FIRE CODE 8eotions~ 15.36.010 Adoption. 15.3a.020 Appeals. ..... ~Sva6ve39-S%o~age-and-aeeamu~a%ion-of-~ubbi:sh-aad we~e~a~ion= 15.36.030 Oil-burning equipment. 15.$6.040 Fire Safety during construction, demolition of a building. 15.36.049~0 15.36.0506__0 15.36.06970 alteration or Fire flow requirements for buildings. Definitions. Violation - Penalty. 15.36.010 Adoption. There is adopted by the city in ACC 15.06.010 for the purposes of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, Articles i and ehreH§h-~,--~-eh~e~h--7~,--m~-S~-~eh%~mug~-88, 2. Articles 9 through 13. Articles 24 through 36. Articles 45 through 52. except Section 5201.1. Articles 62 through 79. except section Ordinance No. 4778 Exhibit August 3, 1995 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7904.5.4.2.2. Articles 81 throuoh 88. except Section 8702. amd Article 90. 199i~ Edition, published by the International Fire Code Institute as adopted in Chapter 51-~134 WAC which Chapter 51-~34 WAC was adopted by reference with amendments, deletions and additions as provided in ACC 15.06.010 and this chapter, together with Articles 47--~r--~ ~[ and 80 and Sections 5201.1, 7904.5.4.2.2 and 8702 and Appendices I-C, II- A, II-B, II-D, ii-E, II-F, II-G, II-H. II-I, III-A, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E~ end VI-F and VI-G of the 199i~ Uniform Fire Code as published by the International Fire Code Institute, together with amendments, deletions and additions as provided in Chapter 15.36 ACC entitled "Fire Code"?--~e¥~de~--~ha~?--~etw~hs~a~§--a~ we~-~-~eh~l~-e~-~h~s-~,-~a~t-~c-~-i~-~e~§~e~s ee~ememles--sh~-~>t--~e--~ee}~e~-~m-~-~z~e3--ham~_he~d eam~es. The provisions of ACC 15.06.010 together with Chapter 15.38 ACC and this chapter shall be controlling within the jurisdiction of the city. There is also adopted by the city the Uniform Fire Code Standards, 199i~ Edition, published by the International Fire Code Institute as adopted in Chapter 51-~3__5 WAC which Chapter 51-~3__5 WAC is adopted by reference. Ordinance No. 4778 Exhibit August 3, 1995 Page 4 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 15.36.020 Appeals. Uniform Fire Code Section ~?~8~103.1.4 is amended to read as follows: A. Appeal to Hearing Examiner 1. Appointment and Term. In order to hear and decide appeals of orders, decisions or determinations made by the fire chief relative to the application and interpretation of this code, a hearing examiner shall be appointed by the Mayor for a period of five years and subject to confirmation by the Auburn City Council. In the event that the appointed examiner is unable to perform the duties as hereinafter described, for whatever reason, or in the event of a vacancy in office, the Mayor shall appoint an examiner pro tem who shall have the authorities herein provided. 2. Removal and Qualifications. The examiner or the examiner pro tem may be removed from office by 'the mayor with approval by the city council for cause, including but not limited to malfeasance, misconduct, neglect: of duties, unexcused employees working absence, criticism of public officials or public if such criticism is injurious to the requisite relationship between hearing examiner and the public official or public employee to the extent of influencing the public perception of the objectivity of the hearing examiner, or any other act that is perceived as not in the best Ordinance No. 4778 Exhibit "A" August 3, 1995 Page 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 interests of the City. shall be qualified by pertinent Mayor reside matters in the experience and fire code. The examiner and the examiner pro rem upon the appoint qualified who training to pass Wherever feasible, candidates shall endeavor to in 'the Auburn area. 3. Duties. The examiner pro tem, in the event of act, shall have the absence or inability of the examiner to all the duties and powers of the examiner. The examiner shall conduct an appeal hearing as provided herein, .enter findings of fact, and conclusions of law based upon those facts and a decision which is advisory to the fire chief and subject to appeal as provided herein. 4. Conflict of Interest. The examiner shall not conduct or participate in any hearing or decision in which the examiner has a direct or indirect personal interest which might exert such influence upon the examiner that might interfere with his/her decision-making process. Any actual or potential conflict of interest shall be disclosed by the Hearing Examiner to the parties immediately upon discovery of such conflict. Participants in the hearing precess have the right, insofar as possible, to have the examiner free from personal interest or pre-hearing contacts on iss'ues considered by him/her. It is recognized that there is a countervailing public right to free access to public officials on any matter. Ordinance No. 4778 Exhibit August 3, 1995 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 If such personal or pre-hearing interest contact impairs the examiner's ability to act on the matter, the hearing examiner shall state and shall abstain therefrom to the end that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said examiner. If all parties do not agree and the hearing examiner must abstain, the Mayor shall be notified and the Mayor shall appoint a hearing examiner pro tem to sit in the hearing examiner's stead. 5. Freedom from Improper Influence.. No counail member, City official, or any other person shall attempt to interfere with, or improperly influence the examiner or tempore in the performance of his[her designated examiner pro duties. 6. decisions. For Duties of the Examiner. Applications and cases and actions as prescribed by ordinance, the Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof, and enter recommended findings of fact, conclusions of law based upon those facts and a recommended decision to the fire chief. The fire chief may affirm, reverse or modify the Examiner's recommended findings of fact, conclusions of law and decision. The fire chief's action on the Examiner's recommended findings Ordinance No. 4778 Exhibit August 3, 1995 Page 7 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 of fact, conclusions of law and decision is final subject to appeal as provided herein. action 7. Application of Appeal and Filing Fee. a. Form of Appeal. Any person receiving a decision or determination made by the fire chief or his designee relative to the application and interpretation of this code may appeal such determination or decision under this code by paying the Two Hundred Fifty Dollar ($250.00) filing fee and filing at the office of the fire chief a written application of appeal containing: 1. A heading in the words: "Before the Hearings Examiner of the City of Auburn". 2. A caption reading: "Appeal of Fire Chief Decision or Determination,', giving the names of all appellants participating in the appeal. 3. A brief statement interest of each of the appellants setting forth the legal in the building or the land involved in the determination or decision. language material appellant. 5. language of 4. A brief statement in ordinary and concise of the specific action protested, together with any facts claimed to support the contentions of the A brief statement in ordinary and concise the relief sought and the reasons why it is Ordinance No. 4778 Exhibit August 3, 1995 Page 8 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 1 2 3 4 5 6 claimed the protested action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. 8. The application of appeal shall be filed within 30 days from the date of the fire chief's determination or decision; provided, however that if a building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or property and is ordered vacated, such application shall be filed within 10 days from the date of chief's decision or determination. adjacent of appeal the fire b. Processing Application of Appeal. Upon receipt of any application of appeal filed pursuant to this section together with the Two Hundred Fifty Dollar ($250.00) filing fee, the fire chief shall within two (2} working days of receipt of an application determine whether tlhe application is complete. If complete, the application shall be accepted. If not complete, the fire chief shall request that the applicant provide additional information as necessary to Ordinance No. 4778 Exhibit August 3, 1995 Page 9 2 3 4 5 6 7 8 9 lO ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 complete the application. The applicant shall be advised of the date of acceptance of the application. ¢. Scheduling and Noticing Appeal for Hearing. As soon as practicable after acceptance of the written application of appeal, the examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 90 days from the date the application of appeal was filed with the fire chief. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the examiner either by causing a copy of suck notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the appeal. 8. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with provisions of this section shall constitute a waiver of any right to an administrative hearing and adjudication of the fire chief's decisions or determinations. 9. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be in the hearing of the appeal. considered Ordinance No. 4778 Exhibit August 3, 1995 Page 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10. Hearing Procedures: a. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the examiner. b. Reporting. The proceedings at the hearing shall also be reported by a phonographic reporter if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fee may be established by the examiner, but shall in no event be greater than the cost involved. c. Continuances. The examiner may grant continuances for good cause shown. d. Oaths - Certification. under this section, the examiner has the In any proceedings power to administer oaths and affirmations and to certify to official acts. e. Reasonable Dispatch. The examiner shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. f. Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information: Ordinance No. 4778 Exhibit August 3, 1995 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 "You are hereby notified that (name of hearing examiner) at of notice and order hearing. You may given full opportunity testifying against you. subpoenas to compel the a hearing will , 19 , at the hour of served upon you. You may be present any be held before on the day , upon the present at the relevant evidence and will be to cross-examine all witnesses You may request the issuance of attendance of witnesses and the filing an production of books, documents or other things by affidavit therefor with (name of hearing examiner)." g. Subpoenas. 1. The examiner may issue subpoenas for the attendance of witnesses or the production of other evidence at a hearing upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular. 2. Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence in his possession or under his control as required by any Ordinance No. 4778 Exhibit August 3, 1995 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 subpoena served upon be guilty 1.24. such person as provided for herein shall of a misdemeanor and penalized as provided in ACC h. Conduct of Hearing. 1. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. 2. Oral Evidence. only on oath or affirmation. Oral evidence shall be taken 3. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. 4. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. 5. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 6. Rights of Parties. Each party shall have these rights among others: Ordinance No. 4778 Exhibit August 3, 1995 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (a) To call and examine witnesses on any matter relevant to the issues of the hearing; (b) To introduce documentary and physioal evidence; (c) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; (d) To impeach any witness regardless of which party first called him to testify; (e) To rebut the evidence against him; (f) To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. 7. Official Notice. (a) What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or official records of departments and ordinances of the city. (b) Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. (c) ODportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official noticed matters by evidence or by Ordinance No. 4778 Exhibit 'A" August 3, 1995 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 written or oral presentation of authority, the manner of such refutation to be determined by the hearing examiner. (d) Inspection of the premises. The hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that (i) notice of such inspection shall be given to the parties before the inspection is made, (ii) the parties are given an opportunity to be present during the inspection, and (iii) or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner. 8. Limitations of Testimony. The examiner has the right to limit the time a witness may testify. ((~}))~. Form and Effective Date of Decision. Both the Hearing Examiner's recommended decision and the Fire Chief's final decision shall be in writing and shall contain findings of fact, conclusions of law, a determination of the issues presented, and the requirements to be complied with. A copy of the recommended decision and the final decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested. The Ordinance No. 4778 Exhibit August 3, 1995 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 effective therein. Nothing date of the final decision shall be as stated ((i~))10. Rights Granted - Right to Appeal. in this Section shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the examiner or examiner pro tem shall be advisory to the fire chief and the fire chief's decision shall be final and exclusive. Superior Court of King party or person. shall have no authority relative to administrative provisions of this code nor shall the examiner be empowered to this code or the technical codes. A writ of review must be sought in the County, if at all, by an aggrieved Limitations of Authority. The examiner interpretation of the or the technical codes waive requirements of i~?B6?SBg-S~era~e-an~-aee~m~atle~-e~-r~bblsh-am~-ve~eta~iem? ~e~ewse 8TeRA6~-ANB-A~eb'MEII:AT~SN-gF-R~BB~SH-ANB-W~6~TAT~eN Ordinance No. 4778 Exhibit August 3, 1995 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance No. 4778 Exhibit 'A' August 3, 1995 Page 17 1 2 3 4: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15.36.030 Oil-Burninq Equipment. Section 6103 - PERMITS See Section 105.8 for permits. A permit is reauir~ to remove, abandon, place temporarilv out of service or othe~wiso dispose of a combustible liquids tank. Permits may be administrative only, SECTION 610Bi - ELECTRICAL WIRING AND EQUIPMENT Electrical wiring and equipment used in connection with oil-burning equipment shall be installed in accordance with the Electrical Code. Ordinance No. 4778 Exhibit August 3, 1995 Page 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 6104~ - FUEL OIL The fuel oil used in a burner shall be of a type approved for the burner and in accordance with the burner manufacturer's recommendations. SECTION 6106 - ABANDONMENT OF TANKS Tanks and piping servinq oil-burninq e~uiDment which have been out of service for a period of one year shall be removed from the qround or abandoned in place in accordance with Section 7902.1.7 of this code. SECTION 61051 - PORTABLE UNVENTED OIL-BURNING HEATING APPLIANCES 6105!.1 General. The design, construction and use of portable unvented oil-burning heating appliances shall be in accordance with Section 6107 and other applicable provisions of this code. 61051.2 Equipment. Portable unvented oil-burning heating appliances shall be listed and shall be limited to a fuel tank capacity of 2 gallons (7.6 L). EXCEPTION: Appliances approved for temporary use during construction processes are allowed to have a Ordinance No, 4778 Exhibit August 3, 1995 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 greater fuel tank capacity, provided such capacity does not exceed the terms of the listing of the appliance. 610~!.3 Location. The use of listed portable unvented oil-burning heating appliances shall be limited to supplemental heating in Groups S, Divisions 3, 4, and 5 and Group U Occupancies. EXCEPTIONS: portable unvented !. When approved by the chief, oil-burning heating appliances may be when used in any occupancy during construction processes such use is necessary for the construction and the does not represent a hazard to life or property. use 2. Approved, unvented portable oil-fueled heaters may bm used as a supplemental heat source in any Group B. F-2. M. R or U Occupancy provided that such heaters shall not be located in any sleeDinq room or bathroom, and shall comply with RCW 19.27A.080, 19.27A.090, 19.27A.100, 19.27A.110, and 19.27A.120. 610~!.4 Fuel. The grade and type of fuel shall be in accordance with the listing for the appliance. Storage and handling of fuel shall be in accordance with Article 79. Ordinance No. 4778 Exhibit 'A' August 3, 1995 Page 20 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 15.36.040 Firesafety During Construction, Demolition of a Building Uniform Fire Code Article 87 8702 amended to read as follows: Section 8702 - Permits For permits to conduct asbestos-removal regulated by Section 8706, see Section Alteration or Section operations 105, Permit a.4. A copy of an approved permit from the reqional Pollution authority which is delivered to the chief, shall meet the permit reauirements in this section. 15.36.0485__0 Uniform Fire as follows: Code Appendix III-A Section Fire flow requirements for buildings. 5 is amended to read Ordinance No. 4778 Exhibit August 3, 1995 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Pi~e-Fiew-is-~he-~ew-~a~e-e~-a-wa~e~-s~ppiy~-meas~ed-a~-~e Ordinance No. 4778 Exhibit "A" August 3, 1995 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 eems~e~iem-sha~-be-~he-a~ea-e~-~he-~h~ee-~a~es~-s~eeessive 5. FIRE-FLOW REQUIREMENTS FOR BUILDINGS. (a) One-Family Dwellings. The minimum fire flow and flow duration requirements for one-family dwellings having a fire area which does not exceed 3,600 square feet shall be 1,000 gallons per minute for thirty (30) minutes. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 square feet shall not be less than that specified in Table No. A-III-A-1. EXCEPTION: A reduction in required fire flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. (b) Buildings other than One-Family Dwellings. The minimum fire flow and flow duration for buildings other than one-family dwellings shall be as specified in Table No. A-III- A-1. EXCEPTION: A reduction in required fire flow of up to 75 percent, as approved by the chief, is allowed when the with an approved automatic sprinkler fire flow shall not be less than 1,500 building is provided system. The resulting gallons per minute. Note: Table Fire Flow and Flow this section. No. A-III-A-1 entitled "Minimum Required Duration for Buildings" is not amended by Ordinance No. ,1778 Exhibit August 3, 1995 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15.36.05860 Definitions. Whenever the word "municipality" Fire Code, it means the city. Whenever the term "chief of prevention" is used in the fire marshal of the city. is used in the Uniform the bureau of fire Uniform Fire Code, it means the 15.36.0687--0 Violation - Penalty. Any person who violates any of the provisions of the fire code or fire standards or appendices adopted in Chapter 15.38 ACC and/or this chapter or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the fire chief or by a court of competent jurisdiction, within the time fixed therein, is severally for each and every such violation and noncompliance respectively guilty of a misdemeanor, punishable by a jail term not to exceed 90 days and/or a fine not to exceed $1,000. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such Ordinance No. 4778 Exhibit August 3, 1995 Page 24 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 persons shall be required to correct or remedy such violations or defeots within reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained constitutes a separate offense. Ordinance No. 4778 Exhibit August 3, 1995 Page 25