HomeMy WebLinkAbout47782
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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August 3, 1995
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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:
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August 3, 1995
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"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
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August 3, 1995
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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
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(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
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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
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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
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Ordinance No. 4778 Exhibit 'A'
August 3, 1995
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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
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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
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August 3, 1995
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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
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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
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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
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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
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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
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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
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