Chapter 17.52 — MISCELLANEOUS

• Editor's Note: Section 17.52.035, Report to State Water Resources Control Board, previously codified herein and containing parts of Ordinance No. 3496, was repealed by Ordinance No. 4002.

The degree of protection required by this title is considered reasonable for regulatory purposes. The standards set forth herein are minimal standards and this title does not imply that compliance will ensure that there will be no unauthorized discharge of hazardous material. This title shall not create liability on the part of the city, any officer or employee thereof for any damages that result from reliance on this title or any administrative decision lawfully made thereunder. All persons handling, storing, using, processing, and disposing of hazardous materials within the city should be and are advised to determine to their own satisfaction the level of protection in addition to that required by this title necessary or desirable to ensure that there is no unauthorized discharge of hazardous materials.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Guidelines approved by the fire chief may be issued from time to time and shall be maintained in the office of the fire chief. Such guidelines, in the areas addressed therein, shall serve as an advisory interpretation of this title.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Subject to the limitations of due process, notwithstanding any other provision of this code, whenever the words "shall" or "must" are used in establishing a responsibility, or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

Notwithstanding any other provision of this title:

(a) A storage facility regulated by any state or federal agency will be exempted from any conflicting provision of this title, to the extent required by the conflicting state or federal law under which the facility is being regulated.

(b) If the storage facility is required to have a permit from the department of health services under Health and Safety Code Section 25100 et seq., it shall be exempted from any provision of this fire which is preempted by the above-cited statute or the regulations adopted thereunder.

(c) Whenever any provision of this title conflicts with the fire code as adopted by city, the stricter shall prevail.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)

If any section, subsection, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the title. The city council declares that it would have passed this title and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the title would be subsequently declared invalid or unconstitutional.

(Ord. 4002 § 1 (part), 1990: Ord. 3435 § 1 (part), 1983)