Section 108. Means of appeal.
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Section 108.1 Application for appeal. Any person shall have
the right to appeal orders, decisions or determinations of the code
official to the 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 applied or interpreted. The
application shall be filed on a form obtained from the code official
within 20 days after the order, decision or determination was served.
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Section 108.2 Limitations or authority. An application for appeal
shall be based on a claim that the 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 equivalent method
of protection or safety is proposed. The City Manager shall have no
authority to waive requirements of this code.
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Section 108.3 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 108.4 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 108.5 Procedure. The procedures shall not require compliance
with strict rules of evidence, but shall mandate that only relevant
information be received.
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Section 108.6 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 108.7 City Manager's decision. The City Manager
shall affirm, modify or reverse the decision of the code official.
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Section 108.8 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 108.9 Administration. The code official shall take immediate
action in accordance with the decision of the City Manager.
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Section 108.10 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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Violations, penalties. Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who erects, constructs, installs, alters, repairs or does work in violation of the approved construction documents or directive of the 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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Failure to comply. Any person who shall continue any work 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 to 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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When required. All commercial buildings, churches and schools
where access to or within a structure or an area is restricted because
of secured openings or whether immediate access is necessary for lifesaving
or firefighting purposes, the code official is authorized to require
a key box to be installed in an accessible location. The key box shall
be of an approved type and shall contain keys to gain access as required
by the code official.
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Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within 25 feet from all buildings
and no container over 25 gallons allowed in City limits. Exception:
Liquid oxygen used in medical facilities.
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Separation between adjacent stable or unstable liquid tanks.
The separation between tanks containing stable liquids shall be in
accordance with NFPA 30: Table 2-7. Where tanks are in a diked area
containing Class I or II liquids, or in the drainage path of Class
I or II liquids, and are compacted in three or more rows or in an
irregular pattern, the separation shall be 100 feet from all buildings,
300 feet from schools and churches, and must be diked with fire protection
system.
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Locations where aboveground tanks are prohibited. The storage
of Class I and II liquids in aboveground tanks is prohibited within
100 feet from all buildings, 300 feet from schools and churches, and
must be diked with fire protection system.
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Maximum capacity within established limits. Within the limits
established by law in the adopting ordinance restricting the storage
of liquefied petroleum gas for the protection of heavily populated
or congested areas, the aggregate capacity of any one installation
shall not exceed a water capacity of 10 gallons.
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Exceptions:
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1.
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In particular installations, this capacity limit shall be determined
by the fire code official, after consideration of special features
such as topographical conditions, nature of occupancy, and proximity
to buildings and/or residential areas, capacity of proposed LP-gas
containers, degree of fire protection to be provided and capabilities
of the local fire department.
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2.
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Commercial Cylinder Exchange shall be allowed a maximum aggregate
water capacity of 120 gallons. Commercial Cylinder Exchange shall
not be permitted in residential (R1, R2, R3), C1 office district or
C5 Central business zones.
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3.
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LP-gas dispensing for public resale shall be allowed a maximum
aggregate water capacity of 500 gallons. LP-gas dispensing shall only
be permitted in Industrial and C4 zones. LP-gas dispensing shall be
prohibited within 500 feet from schools, churches, residential zones
and potentially heavily populated areas.
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