Fee schedule. The permit fees for all mechanical work shall
be as established by resolution.
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Fee refunds. The code official shall authorize the refunding
of fees as follows:
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a.
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The full amount of any fee paid hereunder that was erroneously
paid or collected.
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b.
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When no work has been done under a permit issued in accordance
with this code, the code official shall retain $5 and refund the balance
of the fee paid, if any.
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The code official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee
not later than 180 days after the date of fee payment.
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Violations, penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense, punishable in accordance with § 1-8 of the Cushing City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
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Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than $75 or more than the maximum fine provided in § 1-8 of the Cushing City Code.
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Section 109.1 Application for appeal. A person shall have the
right to appeal a decision of the code official to the City Manager
or, in his absence, Assistant City Manager. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or an equally good
or better form of construction is proposed. The application shall
be filed on a form obtained from the code official within 20 days
after the notice was served.
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Section 109.1.1 Limitation of authority. The City Manager shall
have no authority relative to interpretation of the administration
of this code nor be empowered to waive requirements of this code.
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Section 109.2 Delete (Including deletion of 109.2.1 through
109.2.6).
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Section 109.3 Notice of meeting. The appeal shall be heard,
upon notice from the City Manager, within 10 days of the filing of
an appeal.
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Section 109.4 Open hearing. All hearings shall be open to the
public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
an opportunity to be heard.
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Section 109.4.1 Procedure. The procedure shall not require compliance
with strict rules of evidence, but shall mandate that only relevant
information be received.
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Section 109.5 Postponed hearing. Either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
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Section 109.6 City Manager's decision. The City Manager
shall affirm, modify or reverse the decision of the code official.
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Section 109.6.1 Written decision. The decision of the City Manager
shall be in writing. Certified copies shall be furnished to the appellant
and to the code official.
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Section 109.6.2 Administration. The code official shall take
immediate action in accordance with the decision of the City Manager.
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Section 109.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the City Clerk.
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