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(d) When any plumbing system is maintained in violation of this Code and in violation of any notice issued pursuant to the provisions of this section of where a nuisance exists in any building or on a lot on which a building is situated, the Building Official shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation or nulsance. Section 7-5-945: BOARD OF APPEALS. The Board of Appeals, created under Section 7- 5-110 of the San Leandro Municipal Code, shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board shall function as described in said Section of the San Leandro Municipal Code." Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be severable. Section 4. Effective Date and Publication. This ordinance shall take effect on January 1, 2008 and the title thereof shall be published once prior to adoption. Introduced by Councilmember Grant on this 15` day of October, 2007, and passed to print by the following called vote: Members of the Council: AYES: Councilmembers Grant, Gregory, Prola, Souza, Starosciak, Stephens; Mayor Santos (7) NOES: None (0) ABSENT: None ATTEST Marian Handa, City Clerk (0) ORDINANCE NO. 2007-031 S