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Ord 2010-013
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Ord 2010-013
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11/22/2010 9:20:09 AM
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11/22/2010 9:20:07 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
11/15/2010
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3B Public Hearing 2010 1115
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 1115
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are qualified by experience and training to pass upon matters pertaining to building construction, <br /> engineering, or fire inspection. In addition thereto, the building official shall be an ex officio <br /> member, shall act as secretary to the board, and shall have a voice but no vote. The members <br /> appointed by the Mayor shall hold office at the Mayor's pleasure. The board shall adopt <br /> reasonable rules and regulations for conducting its hearings and shall render all of its decisions <br /> and findings in writing. The decision of the board shall be final and conclusive on matters <br /> relating to the suitability of alternative materials and types of construction. Upon receipt of the <br /> board's written decision, the building official shall proceed in accordance therewith. <br /> 112.2 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 113 <br /> VIOLATIONS <br /> 113.1 Unlawful acts. <br /> It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, <br /> move, remove, demolish or occupy any building, structure or equipment regulated by this code, <br /> or cause same to be done, in conflict with or in violation of any of the provisions of this code. <br /> 113.2 Notice of violation. <br /> The building official is authorized to serve a notice of violation or order on the person <br /> responsible for the erection, construction, alteration, extension, repair, moving, removal, <br /> demolition or occupancy of a building or structure in violation of the provisions of this code, or <br /> in violation of a permit or certificate issued under the provisions of this code. Such order shall <br /> direct the discontinuance of the illegal action or condition and the abatement of the violation. <br /> 113.3 Prosecution of violation. <br /> If the notice of violation is not complied with promptly, the building official is authorized to <br /> request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in <br /> equity to restrain, correct or abate such violation, or to require the removal or termination of the <br /> unlawful occupancy of the building or structure in violation of the provisions of this code or of <br /> the order or direction made pursuant thereto. <br /> 113.4 Violation penalties. <br /> Any person who violates a provision of this code or fails to comply with any of the requirements <br /> thereof or who erects, constructs, alters or repairs a building or structure in violation of the <br /> ORDINANCE NO. 2010 -013 20 <br />
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