Oroville Municipal Code Ch. 12.16 Air-Cooling Devices Projecting Over Sidewalks

The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section:

"Appliance"

shall include any device, appliance, mechanism or fan, which is designed for the purpose of allowing or causing air to be brought from the exterior of any building to the interior of any portion thereof, or cooling, cleansing or otherwise conditioning air.

"Appliance subject of this chapter"

shall mean any appliance which is installed or mounted or which it is proposed to install or mount on or in any building in such manner that the same or some portion thereof, shall project beyond the property line and over any public sidewalk.

"Building"

shall mean any building or structure designed or used for human occupancy.

(Code 1954 § 19.22)

A. Required—Application—Form—Information to Be Shown—Application Fee. Any person who proposes to install or maintain any appliance subject of this chapter shall make written application for a permit on a form to be prescribed by the building inspector which shall include therein a statement of the name and address of the person owning or occupying the room or premises where the appliance is proposed to be installed, the location of such proposed installation, a statement as to the type of appliance and the general means or methods proposed to be employed in the installation of such appliance, and such other information as the building inspector shall require, together with an application fee of the amount outlined in the Master Fee Schedule.

B. Assumption of Liability Prerequisite. No permit shall be issued pursuant to this chapter unless the applicant therefor shall first execute and deliver to the building inspector an agreement to save and hold the city and all of its officers and employees harmless from any liability for injury to persons or property arising in any manner out of the installation or maintenance of the appliance and to indemnify the city officers or employees against such liability or loss therefrom. The agreement shall be in a form to be approved by the city attorney of the city.

C. Proposed Installation to Be Approved by Building Inspector—Issuance. The building inspector shall thereupon determine whether such proposed installation will be in accordance with the provisions of this chapter. Upon determining that such installation is so in accordance with this chapter, the building inspector shall issue a permit for installation.

D. Nontransferable—New Owner of Appliance Must Apply for Permit. No permit for the installation and maintenance of appliances shall be transferable. In the event any appliance installed pursuant hereto is transferred or sold with the intent of the transferee to retain the same in its then existing installation the transferee shall make a new application for a permit as required herein.

(Code 1954 §§ 19.23—19.26)

Upon receipt of the permit, the permittee shall within 30 days cause the appliance to be installed pursuant thereto and within 5 days after the completion of such installation shall give notice in writing to the building inspector of the completion thereof.

(Code 1954 § 19.27)

It is unlawful and a violation of this chapter for any person to install, cause to be installed, constructed or maintained, any appliance subject of this chapter contrary to the provisions of this chapter or without a permit as required in Section 12.16.020(C).

(Code 1954 § 19.28)

No appliance subject of this chapter shall be installed, mounted, maintained or operated unless the same shall be constructed, installed, mounted and maintained in any building in such manner as effectively to prevent such appliance or any portion or part thereof from dropping or falling from the building and any liquid, gas or other substance contained therein from leaking, spilling or escaping therefrom.

(Code 1954 § 19.29)

The building inspector shall thereupon inspect such installation and determine whether or not such installation is in compliance with the terms of this chapter and any other law or ordinance applicable thereto. If the same is in accordance therewith, the building inspector shall issue his or her certificate and shall affix the same to the appliance with his or her signature and the date thereof. Such certificate shall not be removed.

(Code 1954 § 19.30)

No appliance subject of this chapter shall be mounted, installed or constructed upon, against or in any building, nor operated or maintained unless the lowest part of such appliance shall be more than 8 feet from the surface of the sidewalk. For every additional inch of elevation above the 8-foot clearance, such appliance may project one inch from the property line and no more. In no event, may such appliance project more than 4 feet from the property line.

(Code 1954 § 19.31)

A. Notice of Violation—Correction. The building inspector shall make reasonable inspection of any appliances subject hereof, from time to time, and in the event the building inspector shall determine that any such appliance is maintained or installed contrary to the terms of this chapter, he or she shall give notice in writing thereof to the occupant of the premises, which notice shall state the nature and extent of the violation of the article and shall require such occupant within 5 days to do either one of the following:

1. Repair or correct such installation so that the same is in accordance with this chapter, or

2. Remove the appliance.

B. Revocation of Permit for Failure to Comply With Notice. In the event the building inspector shall give the notice to any person provided by this chapter and such person shall fail to comply with the provisions of such notice within 5 days after receipt thereof, the building inspector shall thereupon revoke any permit theretofore issued.

(Code 1954 §§ 19.32, 19.33)

Any permittee who shall abandon, sell or remove any appliance which has been theretofore installed pursuant hereto, shall within 5 days thereafter notify the building inspector of such abandonment, sale or removal and the building inspector shall thereupon immediately cancel the permit appropriate thereto.

(Code 1954 § 19.34)