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(A) Any permit issued pursuant to the provisions of this code may be revoked by the City Council upon its finding, after a public hearing as provided in this chapter, that the permittee has failed, neglected or refused to perform, comply with and abide by any of the conditions and provisions of this chapter.
(B) It shall be the duty of the Building Inspector to enforce the provisions of this chapter, and for that purpose the Building Inspector and his deputies shall have the powers of a police officer.
(C) Proceedings before the City Council for the revocation of any permit may be instituted by the Building Inspector causing to be posted in a conspicuous place on the premises covered by the permit, readable from the ground level, a notice entitled “Notice of intention to revoke permit,” and cause a copy thereof to be mailed, postage prepaid, to permittee, or his designated agent, at his last known address, and a copy to be filed with the City Council. Such notice shall set forth the date of the posting hereof, and the reasons and grounds upon which such revocation will be based, and shall require permittee, within 15 days after the date of posting specified therein, to cure and remedy any default under, noncompliance with, or violation of any condition of the permit, or to show cause before such City Council why such permit shall not be revoked.
(D) Upon application therefor by permittee, the City Council may, at its discretion, extend the time for curing and remedying any claimed default, noncompliance or violation by permittee, but no such extension of time shall be for a longer period than a total of 60 days from and after the service upon permittee of such notice of intention to revoke such permit.
(E) At any time prior to the expiration of such period of 15 days, or any extension thereof, the permittee may file with the City Council a written appeal from the order, requirement, decision or determination of the Building Inspector as set forth in the notice mentioned in division (C) of this section, and request a hearing thereon by the City Council. Failure to file a demand for such hearing within the period of time, mentioned in this division, or any extension thereof, shall be deemed to be an admission on the part of the permittee that valid grounds exist for the revocation of such permit forthwith, unless the permittee has commenced with a diligent and bona fide effort to cure and remedy the default, noncompliance or violation for which such notice was issued.
('81 Code, § 5.40.240)
(A) The City Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirements, decision or determination made by the Building Inspector in the administration or enforcement of any of the provisions of this chapter.
(B) An appeal shall be in writing and shall be filed in triplicate in the office of the City Clerk. An appeal from any order, requirement, decision or determination by the Building Inspector must set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evidence in the matter.
(C) Within five days from and after the filing of the appeal, the Building Inspector shall transmit to the City Council all papers involved in the proceedings. In addition, he may make and transmit to the City Council such supplementary report as he may deem necessary to present clearly the facts and circum-stances of the case.
(D) Upon receipt of the record, the City Council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to appellant and to the Building Inspector and any other party at interest who has requested in writing to be so notified and no other notice need be given.
(E) Upon the date set for the hearing, the City Council shall hear the appeal, unless for cause the City Council shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set.
(F) Upon the hearing of such appeals, the City Council may affirm, change or modify the ruling, decision or determination appealed from or in lieu thereof may make such other or additional determina-tion as it shall deem proper in the premise's subject to the same limitations as are placed upon the Building Inspector by this code and by other provisions of law.
('81 Code, § 5.40.250)
STORAGE FACILITIES
If oil or other liquid storage facilities are established incidental to a producing well on a drill site, such storage facilities shall not exceed a total of 2,000 barrels per well.
('81 Code, § 5.40.110) Penalty, see Ch. 13
Any open, accessible, surface or subsurface installation used for the disposal of permitted waste liquids shall be fenced in accordance with the fencing provision in this chapter.
('81 Code, § 5.40.120) Penalty, see Ch. 13
(A) (1) Location of an aboveground tank for storage of flammable liquids with respect to distance from the nearest line of adjoining property which may be built upon, which shall be such that the distance between any part of the tank and the line shall be not less than that set forth in the following table:
Minimum distance of outside aboveground tanks for flammable liquids other than crude petroleum to line of adjoining property which may be built upon.
Capacity of Tank (in gallons) | Class of Flammable Liquid | Minimum Distance (in feet) |
0 to 275
|
III-B
|
0
|
276 to 750
|
III-B
|
5
|
0 to 750
|
I, II and III-A
|
10
|
751 to 12,000
|
III-B
|
10
|
751 to 12,000
|
I, II and III-A
|
15
|
12,001 to 24,000
|
I, II, III-A and III-B
|
15
|
24,001 to 30,000
|
I, II, III-A and III-B
|
20
|
30,001 to 50,000
|
I, II, III-A and III-B
|
25
|
(2) Tanks with capacities in excess of 50,000 gallons and all tanks for the storage of crude petroleum shall be located in accordance with the following provisions (applicable to gas-tight tanks including conservation type tanks constricted in compliance with these or equivalent standards):
Product Stored | Tank Protection | Distance From Line of Adjoining Property Which May Be Built Upon Shall Be Not Less Than |
(1) An approved permanently attached extinguishing system or | Greatest dimension of diameter or height of tank, except that such distance need not exceed 120 feet | |
Refined petroleum products or other flammable liquids not subject to boilover | (2) An approved floating roof not equipped with either of the above | One and one-half times the greatest dimension of diameter or height of tank except that such distance need not exceed 175 feet |
(1) An approved permanently attached extinguishing system or | Two times the greatest dimension of diameter or height of tank except that such distance shall not be less than 20 feet and need not exceed 175 feet | |
Crude petroleum* | (2) An approved floating roof not equipped with either of the above | Three times the greatest dimension of diameter or height of tank except that such distance shall not be less than 20 feet and need not exceed 350 feet |
* Or other non-petroleum product, handled in special process and chemical plants, which have boilover characteristics somewhat like those of crude petroleum. | ||
(B) Location of any aboveground tank for the storage of flammable liquids on the premises of any Division VI, commercial and industrial establishment, or any Division VII, processing plant, with respect to the distance to the nearest building or line of adjoining property which may be built upon, shall be such that the distance between any part of the tank and such building or property line is not less than that set forth in the following table:
Minimum distance between any outside aboveground tank for flammable liquids on the premises of any Division VI or VII occupancy to the nearest building of line of adjoining property which may be built upon.
Diameter of Tank Minimum Distance to
(in feet) Building (in feet)
Under 15 15
15 to 30 tank diameter
30 to 60 30
Over 60 ½ tank diameter
(C) In particular installations these provisions may be altered at the discretion of the Building and Safety Inspector after consideration of the special features such as topographical conditions; nature of occupancy and proximity to buildings on adjoining property and height and character of construction of such buildings; capacity and construction of proposed tanks and character of liquids to be stored; degree of private fire protection to be provided, and facilities of the Fire Department to cope with flammable liquid fires.
(D) Where two tank locations of diverse ownership have a common boundary, the Building and Safety Inspector may, with the written consent of the owners of the two properties substitute the distances provided in § 120.053 for the minimum distances set forth in the tables under this section.
('81 Code, § 5.40.130) Penalty, see Ch. 13
(A) The location of a tank for the storage of any flammable liquid with respect to any such other tank shall be such that the distance between them shall be not less than three feet.
(B) For banks above 50,000 gallons individual capacity storing any flammable liquid, except crude petroleum in producing areas, the distance shall be not less than one-half the diameter of the smaller tank.
(C) In producing areas, for tanks storing crude petroleum and having capacities not exceeding 126,000 gallons (3,000 bbls.), the distance between tanks shall not be less than three feet; in excess of 126,000 gallons (3,000 bbls.), the distance shall be not less than the diameter of the smaller tank.
(D) The minimum separation between an LP gas container and a flammable liquid tank shall be 20 feet. Suitable means shall be taken to prevent the accumulation of flammable liquids under adjacent LP gas containers such as by diking, diversion curbs and grading. When flammable liquid tanks are diked, the LP gas containers shall be outside the diked area and at least 10 feet away from the centerline of the dike. The provisions set forth in this section shall not apply when LP gas containers of 125 gallons or less capacity are installed adjacent to Class III-B flammable liquid tanks of 275 gallons or less capacity.
('81 Code, § 5.40.140) Penalty, see Ch. 13
(A) Tanks shall rest directly on the ground or on foundations or supports of concrete, masonry, piling, or steel.
(B) Exposed piling or steel supports shall be protected by fire-resistive materials to provide a fire resistance rating of not less than two hours.
('81 Code, § 5.40.150) Penalty, see Ch. 13
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