Chapter 92 — FIRE PREVENTION

Those certain documents including their appendices, supplements, and errata, as adopted by the City of Eureka in the Eureka Municipal Code Title 15, §§ 150.015 through 150.029, copies of which are on file in the respective designated offices as referenced in §§ 150.015 through 150.029, are adopted as amended, deleted, and/or added to as the Fire and Life Safety Code of the city for regulation and providing minimum standards for the nationally recognized good practices for safeguarding to a reasonable degree of life and property from the storage, handling, and use of hazardous substances, material, and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises in the city; providing penalties for the violation of such codes; and each and all of the regulations, provisions, penalties, conditions and terms of the aforementioned codes, published by said organizations, and amended by the state, on file in the office of the city are hereby referred to, adopted and made part hereof as amended, deleted and/or added to as if fully set out in this section.

(‘63 Code, § 3-3.01) (Ord. 350-C.S., passed 10-6-89; Am. Ord. 497-C.S., passed 7-20-89; Am. Ord. 516-C.S., passed 7-19-90; Am. Ord. 604-C.S., passed 1-16-96; Am. Ord. 666-C.S., passed 3-4-03; Am. Ord. 720-C.S., passed 1-15-08; Am. Ord. 763-C.S., passed 1-18-11; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22)

The California Fire Code adopted by the City of Eureka in Eureka Municipal Code § 150.024 is hereby amended as follows: (A) Whenever they appear in the California Fire Code, unless otherwise provided, the following words shall have the meanings ascribed to them in this section:

• (1) Wherever the word "jurisdiction" is used in the California Fire Code, it shall mean the Humboldt Bay Fire Joint Powers Authority.

(2) Wherever the term "department counsel" is used in the California Fire Code, it shall be held to mean the attorney for the Humboldt Bay Fire Joint Powers Authority.

• (3) Wherever the words "Chief of the Fire Prevention Bureau" are used in the California Fire Code, they shall be held to mean the "Fire Chief of the Humboldt Bay Fire Joint Powers Authority or his/her designee."

• (B) Chapter 1 - Scope and Administration, the following sections are added to the Fire Code:

• (1) Section 101 - General. Entire section is adopted.

• (2) Section 102 - Applicability. Entire section is adopted.

• (3) Section 103 - Code Compliance Agency. Entire section is adopted.

• (4) Section 104 - Duties & Powers of the Fire Code Official. Section is adopted with the following amendment:

(a) Section 104.7.7 Cost Recovery: Fire suppression, investigation, rescue, or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1 as amended. Additionally, any person who negligently, intentionally or in violation of the law causes an emergency response, including but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as amended. Any expense incurred by Humboldt Bay Fire for securing such emergency shall constitute a debt of such person and shall be collectable by the Humboldt Bay Fire Joint Powers Authority as in the case of an obligation under contract, express or implied.

• (5) Section 108 - Fees. Entire section is adopted

• (6) Section 109 - Inspections. Entire section is adopted.

• (7) Section 110 - Maintenance. Entire section is adopted.

• (8) Section 111 - Service Utilities. Entire section is adopted.

• (9) Section 113 - Violations. Entire section is adopted.

• (10) Section 114 - Stop work order. Section is adopted with the following amendment:

a. Section 113.4 is amended to read: 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 $150.00

(11) Section 115 - Unsafe Buildings. Entire section is adopted.

(C) Chapter 3 - General Precautions Against Fire, is added to the Fire Code, and the entire chapter is adopted with the following amendments.

a. Section 308.1.6 Open Flames Devices, Permit required.

b. Section 308.2 Open Flames, Permit required.

• (D) Chapter 5 - Fire Service Features. Entire chapter is adopted as amended by the California OSFM with the following additional local amendments:

a. Section 503.2.9 is added to read: Application of Humboldt County Fire Safe Ordinance #1952. Minimum specifications of the Humboldt County Fire Safe Ordinance #1952 may be required In lieu of Section 503.2 as approved by the Fire Code Official.

b. Section 505.1.1 is added to read: For other than one- and two-family dwellings and individual mobile homes, address numbers shall be a minimum of six (6) inches in height and minimum 3/8-inch stroke width. Where buildings are set back from the street, larger numbers may be required.

Exception: Existing legible identification.

c. Section 505.1.2 is added to read: In multi-tenant buildings, individual tenant spaces shall be identified with characters a minimum of two (2) inches in height located on the entry door or on the wall at the strike-side of the entry door. Exception: Existing legible identification.

d. Section 506.1.3 is added to read: Approved key boxes shall be installed in new buildings equipped with fire alarm systems, fire sprinkler systems, elevators, and/or as required by 506.1. Key boxes shall be installed in existing buildings where new fire alarm systems, fire sprinkler systems, and/or elevators are installed, or as required by 506.1.

e. Section 506.1.4 is added to read: Motorized gates providing access to facilities or property shall be provided with an approved gate key switch or other approved means of emergency operation. The switch shall be installed so it will open the gate and the gate will remain in the open position until re-set by the Joint Powers Authority.

f. Section 507.2.2 is amended to read: Water tanks for private fire protection shall be installed in accordance with NFPA 22, Humboldt County Fire Safe Ordinance #1952, and shall be no less than 2500 gallons in capacity outside the hydrant service areas and when required by county modified limited density owner-built rural dwelling regulations (ordinance #1644).

(E) Chapter 8 - Interior Finish, Decorative Materials, and Furnishings. Section 807 Decorative Vegetation in New and Existing Buildings is adopted with the following amendment:

a. Title 19 3.08 allowing Christmas trees provided they are non-flammable or treated.

(F) Chapter 9 - Fire Protection Systems. Entire chapter is adopted as amended by the California OSFM with the addition of the following section:

a. Section 903.4.4 is added to read: In addition to the requirements of 903.4, valves on connections to water supplies, sectional control and isolation valves, and other valves in supply pipes to sprinklers and other fixed water-based fire suppression systems shall be locked in the correct position with the exception of R-3 occupancies which shall be installed per the California Residential Code.

(G) Chapter 12 - Energy Systems. Section is adopted with the following amendments:

a. Sections 1205.2.4 and sections 1205.3.4 (Locations of DC conductors) are amended to read: Conduit, wiring systems and raceways for photovoltaic circuits shall be located within enclosed spaces in a building. DC wiring shall be installed in in metallic conduit or raceways when located within enclosed spaces in a building. Conduit located in attics shall be installed away from the ridge area and shall be attached to the bottom of load bearing members and/or installed directly below the array or mounted to the top of ceiling joists to minimize the potential for cutting of conduits and conductors during ventilation operations.

Exception: When approved the by fire code official, exterior ran conduit, wiring systems and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs between sub arrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof by taking the shortest path on the roof to the DC combiner box. The DC combiner boxes shall be located such that conduit runs are minimized in the pathways between arrays.

(H) Chapter 26 - Fumigation and Thermal Insecticidal Fogging. Entire chapter is adopted.

(I) Appendix B - Fire Flow Requirements for Buildings. Appendix adopted as amended by California OSFM.

(J) Appendix C - Fire Hydrant Locations and Distribution. Appendix adopted as amended by California OSFM. (Ord. 350-C.S., passed 10-6-81; Am. Ord. 604-C.S., passed 1-16-96; Am. Ord. 666-C.S., passed 3-4-03; Am. Ord. 720-C.S., passed 1-15-08; Am. Ord. 763-C.S., passed 1-18-11; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22; Am. Ord. 970-C.S., passed 1-6-26)

(A) The 2022 California Fire Code, Title 24, Part 9, based on the 2021 International Fire Code, shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.

(B) The Chief (or Fire Marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Chief of the Fire Department on the basis of examination to determine his qualifications.

(C) The Chief (or Fire Marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Chief of Humboldt Bay Fire based on a Joint Authorities process to determine his/her qualifications. The Chief of Humboldt Bay Fire may detail such members of the Fire Department as Inspectors as shall from time to time be necessary. The Fire Marshal of Humboldt Bay Fire shall recommend to the Fire Chief and Humboldt Bay Fire Board of Directors the employment of technical inspectors, who, when such authorization is made, shall be selected through a Joint Authorities process to determine his/her qualifications. Humboldt Bay Fire shall determine the qualifications of said inspectors.

(‘63 Code, § 3-3.04) (Ord. 350-C.S., passed 10-6-81; Am. Ord. 720-C.S., passed 1-15-08; Am. Ord. 763-C.S., passed 1-18-11; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22)

The limits referred to in Section 5601.1 of said 2022 California Fire Code, Title 24, Part 9, as referenced to the California Code of Regulations, Title 19, Division 1, Chapter 10, in which a permit is required for the storage of explosives and blasting agents, such storage is prohibited within the boundaries of the city.

(‘63 Code, § 3-3.07) (Ord. 350-C.S., passed 10-6-81; Am. Ord. 720-C.S., passed 1-15-08; Am. Ord. 763-C.S., passed 1-18-11; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22)

(A) The geographic limits referred to in Section 5704.2.9.6.1 of said 2022 California Fire Code, Title 24, Part 9, in which the storage of flammable or combustible liquids in aboveground tanks outside of buildings is prohibited, and the limits referred to in Section 5706.5.1.1 of said Code in which construction of new bulk plants for the storage of flammable or combustible liquids is prohibited, and the geographic limits referred to in Section 6104.2 of said Code, in which the bulk storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas, are hereby established as all zone districts except the “MG” General Industrial District as said district is defined and established by the zoning regulations of the city set forth in Chapter 155 of this Code.

(B) The geographic limits referred to in Section 5706.2.4.4 of said 2022 California Fire Code, Title 24, Part 9, in which the storage of Class I and II flammable and combustible liquids in above-ground tanks at farms and construction sites are prohibited, are hereby established as the boundaries of the city.

(C) The geographic limits referred to in Section 5806.2 of said 2022 California Fire Code, Title 24, Part 9, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, is hereby established as the boundaries of the city. (‘63 Code, § 3-3.08) (Ord. 350-C.S., passed 10-6-81; Am. Ord. 720-C.S., passed 1-15-08; Am. Ord. 763-C.S., passed 1-18-11; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 885-C.S., passed 5-21-19; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22)

Whenever the Chief 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 to the Board of Appeals of the city created by Eureka Municipal Code § 150.029.

(‘63 Code, § 3-3.09) (Ord. 350-C.S., passed 10-6-81; Am. Ord. 720-C.S., passed 1-15-08; Am. Ord. 763-C.S., passed 1-18-11; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22)

The Chief, the Chief of the Bureau of Fire Prevention and the Building Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code.

(‘63 Code, § 3-3.10) (Ord. 350-C.S., passed 10-6-81; Am. Ord. 800-C.S., passed 12-3-13; Am. Ord. 853-C.S., passed 1-17-17; Am. Ord. 891-C.S., passed 12-3-19; Am. Ord. 941-C.S., passed 12-6-22)

Fireworks are prohibited on Woodley Island and in Old Town.

(Ord. 667-C.S., passed 5-20-03; Am. Ord. 686-C.S., passed 3-1-05) Penalty, see § 92.99

For the purpose of this chapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

FIREWORKS. A device containing chemical elements and chemical compounds and designed to produce a visible, audible, mechanical, or thermal effect by combustion, deflagration, explosion, or detonation. For the purpose of this chapter FIREWORKS does not include:

(1) Toy caps which do not contain more than 25/100 of a grain of explosive compound per cap;

(2) Highway flares, railroad fuses, ship distress signals, smoke candles and other emergency signals when used during emergency events;

(3) Educational rockets and toy propellant device type engines used in such rockets when such rockets are of non-metallic construction and utilize replaceable engines or model cartridges containing less than two ounces of propellant and when such engines or model cartridges are designed to be ignited by electrical means;

(4) Fireworks which are used in testing or research by a licensed explosive laboratory.

PERMIT. A non-transferable permission granted by the authority having jurisdiction to a licensee for the purpose of establishing and maintaining a place where fireworks are manufactured, constructed, produced, packaged, transported, stored, sold, exchanged or used.

PUBLIC FIREWORKS DISPLAY. Any display of fireworks conducted by a qualified pyrotechnic operator compliant with state laws and permits and conducted only after the approval by the Fire Department and compliance with any conditions imposed by the permit and Fire Department.

SAFE AND SANE FIREWORKS. Fireworks listed and labeled by the office of the State Fire Marshal as "Safe And Sane" and not defined as dangerous or exempt fireworks.

(Ord. 667-C.S., passed 5-20-03)

(A) Prohibitions. No person shall store, sell, use, discharge, ignite, or set off any fireworks on Woodley Island or within Woodley Island Marina, or in the Old Town area of the city. For purposes of this chapter, the OLD TOWN AREA is defined as the

area north of Fourth Street to the Bay, west of M Street and east of Commercial Street, inclusive.

(B) Exceptions.

(1) Permission may be obtained by special permit issued by the Fire Chief, or designee, for public fireworks display or for certain religious purposes.

(2) This section does not prohibit the storage of small quantities of legal, safe and sane fireworks in an occupancy within the prohibited areas for personal use outside of the prohibited areas.

(Ord. 667-C.S., passed 5-20-03; Am. Ord. 686-C.S., passed 3-1-05) Penalty, see § 92.99

Failure to comply with § 92.082 is an infraction. Failure to comply with an order and notice as provided in § 92.99 may be charged either as an infraction or as a misdemeanor.

(Ord. 667-C.S., passed 5-20-03)

RESTRICTIONS ON BUTANE SALES

(A) Findings and purpose.

(1) The northern region of our state has experienced a recent increase in explosions caused from the manufacture of honey oil (also known as hash oil) in clandestine labs using refined butane of 5x and higher. These incidents have caused considerable

property damage, personal injury and even incidents of death to those participating in the manufacturing process, and to innocent bystanders.

(2) That the use of refined butane 5x or higher is done to dissolve the tetrahydrocannabinol (THC) resin, which concentrates into a liquid/oil form as a result of the butane's stripping process. The stripping of the THC through use of refined butane of 5x or higher causes flammable butane vapors to accumulate low to the ground and remain exposed to ignition sources. Studies suggest that 99.5% of the extracted THC Butane mixture will volatilize into the immediate area and remain in a form that is odorless and latent to the human eye and only detected through a combustible gas instrument.

(3) A honey lab using 5x refine butane and higher presents a serious hazard for first responders as the gas has no odor and can only be detected by a combustible gas instrument. Such conditions present a grave risk of loss where devices typically deployed by first responders are capable of igniting the gas resulting in an explosion.

(4) That the resale of refined butane 5x and higher occurs at levels that are only relevant to the manufacture of honey oil. That such sales and possession of butane should be regulated to prevent the use of butane in the manufacture of honey oil where such activity presents grave dangers and adverse health risks to the occupants of the City of Eureka and the first responders therein.

(B) Definitions. For the purpose of this chapter the following definitions apply:

BUTANE. Iso-butane, n-butane, and butane of power 5x or greater.

CANISTER. A single butane canister of a storage quantity of 300 ml (10.6 ounces).

CODE. The Eureka Municipal Code.

COUNT. The number of canisters of refined butane.

CUSTOMER. Any person who is sold or acquires during a transaction products from any retail store.

DAY. Calendar day.

PACKAGE. Butane offered for sale at quantities of two or more.

PERSON. A corporation, co-partnership, or association as well as a natural person.

RETAILER or RESELLER. Any business, company, corporation, person, employee or associate selling products to any customer within the City of Eureka. It does not include any wholesaler engaged in a wholesale transaction.

SELL. To furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration.

TANK. A cylinder designed to hold compressed gas of a quantity greater than 600 ml.

TRANSACTION. A purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic or

manual transfer between accounts or any other acquisition or disposition of property by whatever means effected.

VENDOR. Any person who is engaged in the wholesale or retail/resale sale of "refined butane," as that term is defined herein. WHOLESALER. Any business, company, corporation, or person whose business is the selling of goods in gross to retailers for the purposes of resale.

(C) Unlawful sale, purchase, and handling of butane.

• (1) It is unlawful for any retailer, reseller or person who is not a wholesaler to sell to a customer any number of butane

canisters or tanks that exceed a combined total storage quantity of 600 ml of butane during a single transaction.

• (2) It is unlawful for any person that is not a vendor (wholesale or retailer/reseller) to have in their possession, custody or control any number of butane canisters or tanks that exceed a combined total storage quantity of 600 ml of butane at any one time.

• (3) It is unlawful for any customer of retailer/reseller to purchase or acquire per calendar month any number of butane canisters or tanks that exceed a combined total storage quantity of 600 ml of butane, whether sold individually or by the package.

• (D) Tracking of butane sale and records retention. Every vendor shall do all of the following:

• (1) Store refined butane, or cause it to be stored, in a manner that makes it inaccessible, without employee assistance, to the public in the regular course of business pending legal sale or disposition;

• (2) Limit the quantity of refined butane that may be purchased by a person within a calendar month to no more than 600 ml;

• (3) Sell refined butane only to persons 18 years of age or older;

• (4) Require any person who wishes to purchase refined butane to present a valid driver's license or other form of governmentissued identification bearing the prospective purchaser's photograph, date of birth, and current residence address; and

• (5) Record the following information in connection with each sale of butane and maintain on the premises of the vendor for a period of not less than two years from the sale of sale:

• (a) The full name and residence address of the purchaser, as obtained from identification described in division (D)(4);

• (b) The date and time of the sale;

• (c) The brand and amount of refined butane sold;

• (d) The type of sale, i.e., retail or wholesale;

• (e) If a wholesale sale, the purchaser's seller's permit number as reflected on the resale certificate, if a resale certificate is taken from the purchaser pursuant to Cal. Rev. & Tax. Code § 6091; and

• (f) The full name of the person who processed the sale.

• (6) The vendor shall provide the record of sales information as described in division (5) above upon request of the City of Eureka or its authorized representative or agent.

• (7) Exception: § 92.10(D)(2) shall not apply to wholesalers selling to persons who are licensed pursuant to § 92.10(F)(2).

• (E) Enforcement and penalty.

• (1) Each act in violation of this Code is a violation of § 10.99 of the Eureka Municipal Code and shall constitute a separate offense. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney's discretion.

• (2) Allegation and evidence of a culpable mental state is not required for proof of an offense defined by this chapter, except where expressly required by this chapter.

• (3) Any immediately dangerous condition as defined in § 150.152 may be summarily abated in accordance with § 150.153.

Actions taken to abate the immediately dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use of occupancy of the property on which the dangerous condition exists, or any other abatement action determined by the Chief Building Official to be necessary. In the event use or occupancy is restricted, the owner, operator or manager shall discontinue said use immediately.

(4) If, in attempting to obtain compliance with division (3) above, the Chief Building Official is denied entry to the property by its owner, operator, or manager, the Chief Building Official may, pursuant to California Code of Civil Procedure §§ 1822.50 through 1822.60, seek an inspection and abatement warrant from the Superior Court.

(5) Costs for any abatement performed by, or on behalf of the city, including the cost of police and fire services provided, relocation of occupants of the property, and any other administrative costs, shall be recoverable by the city by the methods given in §§ 150.183 through 150.190.

(6) In any action, administrative proceeding or special proceeding to abate a nuisance in which the city elects, at the initiation of the action or proceeding, to seek recovery of its attorneys' fees, the prevailing party in the action or proceeding shall recover its attorneys' fees incurred in the action or proceeding. In no action, administrative proceeding or special proceeding shall an award of

attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. "Prevailing party" shall not include a party who complies with a notice of violation issued by the city or an order in any action, administrative proceeding or special proceeding. Attorney fees shall include fees for the services of the City Attorney or her or his assistant and deputies, calculated based on the effective hourly rate of such attorney (ref. Cal. Gov’t Code § 38773.5).

(F) Exemptions.

(1) A person possessing a valid C-20, C-36 and/or C-38 Contractors License issued by the California Department of

Consumer Affairs, Contractors State License Board shall not be in violation of this Code for possession or purchasing a quantity of butane greater than the maximum amounts allowed under divisions (C)(1), (2) or (3) where all of the following are satisfied:

(a) The C-20, C-36 and/or C-38 Contractors License, or a readable copy thereof, is carried on the person during all times that the butane is possessed by the contractor;

(b) The butane is used for the purpose of performing qualified tasks under the contractor's license held by the person carrying the butane;

• (c) That the person's license is in good standing with the California State Contractors License Board; and

(d) The person, or company to which he or she is employed and performing the contracting tasks under the C-20, C-36 and/or C-38 Contractors License, possesses a valid business license.

(2) A person possessing a valid volatile manufacturing license issued by both the State of California and the City of Eureka.

(G) Cumulative remedy. Nothing herein is intended to limit the city from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of the Code or state or federal law.

(Ord. 849-C.S., passed 11-1-16; Am. Ord. 872-C.S., passed 4-17-18)

(A) Any person who shall violate any of the provisions of the Fire 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 city 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 of not more than $500 or by imprisonment for not more than six months or by both such fine and imprisonment. 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 days that prohibited conditions are maintained shall constitute a separate offense. (B) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. ('63 Code, § 3-3.11) (Ord. 350-C.S., passed 10-6-81)