37-11 New Section 521.18, Wood-Fired Boilers

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stalled to minimize particulate matter emissions; that the addi- tion of fuel to a wood-feed boiler be limited to a certain num- ber of hours or times per day; that the emission of a smoke plume from any wood-feed boiler meet reasonable opacity standazds over a fixed period of time; or that prior to a date certain, or prior to the completion or consummation of a sale or transfer of any real property on which the wood-feed boiler is located, the wood-fired boiler be replaced, removed or ren- dered permanently inoperable Such orders may be issued if the City fmds that any person is in violation of any provision of this section. (3) The City may, in its order, requve compliance with this sec- tion. (4) An order issued under this section shall take effect upon no- tice, unless the order specifies otherwise. The person affected may appeal an order to the Board of Building Standards and Building Appeals. An appeal to the Board of Building Stan- dards and Building Appeals of the City of Lakewood's order shall not act as an automatic stay of enforcement, provided, however, that, upon application and for cause shown, the Board of Building Standards and Building Appeals may issue such a stay under rules established by the boazd. (5) The authority of the City of Lakewood to issue an order under this section is in addition to any remedy or penalty that maybe imposed pursuant to this section. The failure to comply with any such order is hereby declared to be a public nuisance. (g) Penalties. (1) Whoever refuses, neglects or fails to comply with an order of the Director of Public Safety or his or her designee issued in accordance with this section or violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) dollars nor more than one-thousand dollazs ($1,000,.00) for a fast offense, and for a second or subsequent offense shall be guilty of a misdemeanor of the fast degree. Each day such violation occurs or continues shall constitute a sepazate of- fense. (2) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to restrain, correct or abate a vio- lation, or to require compliance with the provisions of this Code, or other applicable laws, ordinances, rules or regula- tions, or the orders or determinations of the Director of Public Safety or Boazd of Building Standazds and Building Appeals, Section 2. It is found and determined that all formal actions of this Council concern- ing and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such