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108.1 Board of appeals established. <br />The Board of Appeals created under Article 1 of Title VII, Chapter 5, and defined in Chapter 1, <br />Section 112.1 of Title VII, Chapter 5 of San Leandro Municipal Code shall hear and decide <br />appeals of orders, decisions, or determinations made by the San Leandro Fire Marshal. The San <br />Leandro Fire Marshal shall be an ex officio member, shall act as Secretary to the Board, and <br />shall have a voice but no vote. <br />108.2 Limitations on Authority. <br />The board of appeals shall have no authority relative to interpretation of the administrative <br />provisions of, nor shall the board be empowered to waive requirements of, the San Leandro <br />Municipal Code including all construction codes adopted by reference and the Dangerous <br />Building Code. <br />An application for appeal shall be based on a claim that the true intent of this code or the rules <br />legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not <br />fully apply or an equally good or better form of construction is proposed. <br />SECTION 109 <br />VIOLATIONS <br />109.1 Unlawful acts. <br />It shall be unlawful for a person, firm ar corporation to erect, construct, alter, repair, remove, <br />demolish or utilize a building, occupancy, premises or system regulated by this code, or cause <br />same to be done, in conflict with or in violation of any of the provisions of this code. <br />109.2 Notice of violation. <br />When the fire code official finds a building, premises, vehicle, storage facility or outdoor area <br />that is in violation of this code, the fire code official is authorized to prepare a written notice of <br />violation describing the conditions deemed unsafe and, when compliance is not immediate, <br />specifying a time for reinspection. <br />109.2.1 Service. <br />A notice of violation issued pursuant to this code shall be served upon the owner, operator, <br />occupant, or other person responsible for the condition or violation <br />109.2.2 Compliance with orders and notices. <br />A notice of violation issued or served as provided by this code shall be complied with by the <br />owner, operator, occupant or other person responsible for the condition or violation to which the <br />notice of violation pertains. <br />ORDINANCE NO. 2007-023 2g <br />