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A. Districts For Storage Of Flammable Liquids And Gases: The limits in which storage of flammable liquids in outside aboveground tanks is prohibited, and the limits in which bulk storage of liquefied petroleum gas is restricted are hereby established as the fire limits of the city.
B. Modifications: The chief of the fire department shall have power to modify any of the provisions of the fire prevention code adopted in this chapter upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification, when granted or allowed and the decision of the chief of the fire department thereon, shall be entered upon the records of the department and a signed copy shall be furnished the applicant.
C. Appeals: Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the board of city commissioners within thirty (30) days from the date of the decision appealed.
D. Violations; Penalties:
1. Penalty Imposed: Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build 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 shall fail to comply with such an order as affirmed or modified by the board of city commissioners, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine in an amount set by the board of commissioners as provided in the fines and fees schedule in appendix A, division III of this code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
2. Remedial Action: The application of the penalty provided in subsection D1 of this section shall not be held to prevent the enforced removal of prohibited conditions. (2013 Code)