WOBURN MUNICIPAL CODE TITLE 15

BUILDINGS AND CONSTRUCTION

Articles and Sections:

I. BUILDING AND OCCUPANCY PERMITS

15-1 Building permit issuance--Report to City Council.

15-2 Publication of weekly list of building permits.

15-3 Occupancy permit--Submittal of copy to fire department.

15-4 Building permit--Removal of gravel or loam fill.

15-5 Building permit fees.

II. ELECTRICAL PERMITS

15-6 Electrical permit fees.

III. MOVING OF BUILDINGS

15-7 Permit issuance--Notice to railroad.

15-8 Violation--Penalty.

IV. MISCELLANEOUS BUILDING REQUIREMENTS

15-9 Plan of gas line installation.

15-10 Automatic sprinklers and alarm systems—Regulations generally.

15-11 Alarm systems--Control of signals.

15-12 Air conditioning systems to have water recirculation system.

15-13 Installation and use of exhaust system components.

15-14 Plumbing and gas permit fees.

V. DEMOLITION DELAY – THE PRESERVATION OF HISTORICALLY SIGNIFICANT BUILDINGS

15-15 Intent and Purpose

15-16 Definitions

15-17 Procedure

15-18 Administration

15-19 Emergency Demolition

15-20 Enforcement and Remedies

15-21 Historic District Act

15-22 Severability

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I. BUILDING AND OCCUPANCY PERMITS

15-1 Building permit issuance--Report to City Council.

A. The Woburn building commissioner shall submit to the City Council by one p.m.

on the third Tuesday of every month, the building permits issued by that

department during the elapsed time cycle.

B. The following information should be included as a minimum in this report:

1. Applicant, and address of applicant;

15-1 2. Owner of property, and address of owner;

3. Planned end use of construction;

4. Summary of approved construction.

(Prior Ch. 4, sec.1).

15-2 Publication of weekly list of building permits.

The Woburn building commissioner shall cause to be published in the local

newspaper of general circulation a list of building permits issued or denied by that

department every week. Said list shall be submitted by ten a.m. on each and every

Monday at the newspaper office. (Ord. dated 8/20/84: prior Ch. 4, sec. 1A).

15-3 Occupancy permit--Submittal of copy to fire department.

The building commissioner shall submit a copy to the Woburn fire department, of all

occupancy permits issued to industrial, commercial, or mercantile buildings. (Prior

Ch. 4, sec. 2).

15-4 Building permit--Removal of gravel or loam fill.

Every application for a building permit shall state thereon the amount of gravel,

loam, fill or other earthy material to be removed from the site of the proposed

construction. No such permit shall be granted if in the judgment of the building

commissioner the amount of gravel, loam, fill or other earthy material to be

removed from said site would be excessive and inconsistent with the size of the

area upon which the building is to be constructed or excessive and inconsistent

with the extent of the related site development and landscaping. (Prior Ch.4, sec.

3).

15-5 Building permit fees.

Building permit fees shall be as follows:

A. NEW CONSTRUCTION - Including additions, alterations and repairs: Ten

dollars per one thousand dollars of estimated cost.

B. MISCELLANEOUS CONSTRUCTION - Including, but not limited to: sheds,

swimming pools, fences, retaining walls, solid fuel heating appliance, roofing,

sidewall: Ten dollars per $1,000.00.

C. DEMOLITION: Ten dollars per $1,000.00.

D. MOVING STRUCTURE - SEE NEW CONSTRUCTION.

E. SIGNS: Two dollars per square foot.

ADDITIONAL FEES & COMMENTS

PERMIT FEES ARE NON-REFUNDABLE ONCE PERMIT IS ISSUED.

15-2 "Estimated Value", final determination to be based on Means Cost Date and/or

Building Commissioner/Inspector.

Any activity commenced without a permit - Fee shall be doubled those scheduled.

When re-inspection is necessary due to violations or work not ready on scheduled

inspection date, an additional fee of $20.00 will be paid in advance of inspection.

Re-issuance of lost inspection record/permit card - $30.00.

Permit Renewal/Extension - $30.00 per 6 month extension.

CERTIFICATE OF USE/OCCUPANCY - Existing Structures: $50.00.

Where a Certificate of Use/Occupancy is required for new construction, fee is

included in permit cost.

TEMPORARY CERTIFICATE OF USE/OCCUPANCY - $30.00 for a maximum 30

day period.

CERTIFICATE OF INSPECTION - Based on schedule of fees as per Mass. State

Building Code.

TEMPORARY RESIDENT - As per Section 5.1.7 of the City of Woburn Zoning

Ordinance - $30.00.

(Ords. dated 9/5/86; 6/19/86: 7/22/83; 5/21/96: Prior Ch. 4, sec. 9)

II. ELECTRICAL PERMITS

15-6 Electrical permit fees.

Electrical permit fees shall be as follows:

RESIDENTIAL:

New dwellings - Complete (Including single family,

two-family and multi-family).........................................$75.00 per unit

Complete remodeling..............................................................................$75.00 per unit

Partial remodeling (additions, etc.)..........................................................$25.00

Heating and/or Air Conditioning System .................................................$25.00

Fire Alarm/Security System.....................................................................$25.00

Pools $25.00

Service Work: Upgrade or replacement

for each 100 AMP ...........................................................$25.00

for each Meter ...................................................................$25.00

Minimum Fee: .........................................................................................$25.00

COMMERCIAL:

1-10 outlets at 115 volts ..........................................................................$10.00

Lighting 120 volts 277 volts....................................................................$ 1.00 each

Each 115 volt outlet over 10....................................................................$ 1.00 each

15-3 Horsepower, K.V.A. or K.W. Ratings as follows:

1st horsepower or fraction of each add'l.

horsepower........................................................................$ 1.50 each

K.V.A. or K.W. Rating ........................................................$ 1.50 each

Transformers...........................................................................................$ 1.50 per KVA

Generators ..............................................................................................$ 1.50 per KW

100 AMP Service ....................................................................................$50.00

Each add'l. 100 AMP or portion thereof ..................................................$25.00

Distribution Centers including:

Motor Control Center, Buss Ducts Sub panels........................................$25.00

Each Meter..............................................................................................$50.00

Heating/A.C. Systems.............................................................................$25.00

Signs .......................................................................................................$25.00

Temporary Service..................................................................................$50.00

Fire Alarm System: Main Panel...............................................................$10.00

Municipal Box..........................................................................................$10.00

Devices: Including horns, strobes, bells,

pull stations, heat and smoke detectors,

flow switches, tamper switches ...........................................................$ l.00 each

Telephone Systems ................................................................................$30.00

Communication, Computer Data Systems ..............................................$30.00

Security Systems ....................................................................................$30.00

Lighting Retrofit System..........................................................................$ 1.00 per fixture

(auto transformer)

Fixed Appliances Equipment and Machinery will be calculated by

Name Plate Ratings ................................................................................$ 1.00 A.K.W.

Demolition Work......................................................................................$30.00

Minimum Fee: .........................................................................................$30.00

Office Furniture Workstation ...................................................................$ 1.00 per station

ADDITIONAL FEES & COMMENTS

PERMIT FEES ARE NON-REFUNDABLE ONCE PERMIT ISSUES

1) Permits shall be obtained prior to the start of work.

2) Where the amount of work installed is greater than the amount paid, additional fees will

be paid in advance of

3) When re-inspection is made necessary because of violations of the Mass. Electrical

Code, a fee of $20.00 shall be paid for such re-inspection prior to said inspection and

approval.

4) Maintenance Permit - $200.00 annual fee required per building for Residential,

Commercial & Industrial complexes, that employs an electrician to do electrical

maintenance.

15-4 5) Any activity commenced without a permit - Fee shall be doubled those scheduled.

6) Inspections outside of normal business hours - Cost per hour, based on minimum

established by Union Contract Agreements.

(Ord. dated 7/22/83: prior Ch. 4, sec. 10: Ord. dated 3/14/89: Ord. dated 5/21/96;

amended 10/6/2000)

III. MOVING OF BUILDINGS

15-7 Permit issuance--Notice to railroad.

A. The superintendent of public works, upon application of a building-mover

actually engaged in the business, for a permit to occupy and use portions of the

street for the purpose of moving a building, describing the locations from and to

which and the route over which the building is to be moved, the length, width

and height of the building, and the principal material of its exterior and roof, may

issue the permit applied for on a condition, the terms of which shall be those

stated in Section 12-16. After notification in writing, by the superintendent of

public works to the police chief, conservation commission, the ward alderman,

and the aldermen-at-large and if a period of twenty days have passed with no

written objections received, the superintendent may issue the requested permit.

B. Whenever it appears that the moving of a building under the provisions of this

section, will encumber the tracks of any railroad, said railroad shall be given a

written notice of the pendency of such application 48 hours before such permit

is issued. (Prior Ch.22, sec. 14(A)).

15-7 Violation--Penalty.

No person shall move, or cause to be moved any building in a public street, in the

City, without first having obtained a written permit from the superintendent of public

works; and any person who fails to comply with such terms as are set forth in such

permit, shall forfeit and pay for every such offense a sum of money, not exceeding

two hundred dollars; provided, that in no case shall a permit be granted for the

removal of any building whatsoever which in the course of its removal, will be likely

to destroy or damage any trees or shrubs, the property of individuals, whether

standing in the roads or in the fields, unless the consent of such individuals is first

had and obtained. (Prior Ch. 22, sec. 14(B)).

IV. MISCELLANEOUS BUILDING REQUIREMENTS

15-9 Plan of gas line installation.

A. On all installation of gas into buildings used for recreation, public assembly, or

multifamily dwellings, the gas company shall show such installation on a plan.

15-5 15-10 Automatic sprinklers and alarm systems--Regulations

This plan shall show the place of entrance into the dwelling and/or structure and

B. Also, the turnoff of such gas installation shall be shown on said plan and the tie-

C. A copy of this plan shall be recorded with the fire department, and kept in a

D. It shall be the responsibility of the gas inspector to enforce this section. (Prior

the tie-ins by feet and inches shall be recorded on said plan.

ins of said shutoff shall also be so recorded on said plan.

book solely for such purpose.

Ch. 4, sec. 4)

The regulation of automatic sprinklers and alarm systems for business, industrial,

commercial buildings over three thousand square feet of floor area shall be as

follows:

A. Any new building to be used, or any existing building hereafter altered or

enlarged and used for a business, industrial or commercial purpose, and

having three thousand or more square fee of floor area, shall be protected by

the owner with a complete automatic sprinkler and alarm system.

B. The foregoing subsection shall also apply to existing buildings used for

business, industrial or commercial purposes, whenever an addition is made

thereto which has the effect of increasing the floor area so that the total area,

both old and new, is three thousand or more square feet. Both the old and new

section of the building shall be covered by the fire protection system as outlined

in subsection A of this section.

C. All schools, public or private, institutions, public buildings or places of assembly

constructed or converted after adoption of this section shall be protected with a

complete automatic sprinkler and alarm system.

D. Pull stations on each floor and in basement and in other locations, number to

be determined by the fire prevention bureau shall connect to the Woburn fire

alarm headquarters through a master box.

E. An indicator panel shall be located at the building entrance, easily accessible to

firefighters, to designate by signal the floor on which the sprinkler system or pull

station has been activated. The initial installation and periodic testing shall be

with approval of the fire chief.

15-6 waived. (Prior Ch. 4, sec. 5).

15-11 Alarm systems--Control of signals.

F. The master fire alarm box shall be Gamewell three-fold box or equal and the

location of same on the property to be protected shall be determined by the

superintendent of fire alarm. Under no circumstances shall a master fire alarm

box be located inside a building nor shall the municipal fire alarm circuit be

extended inside a building.

G. Master boxes supervising all fire protection systems shall be of the local energy

type and the following requirements shall be complied with:

1. A supervisory panel shall be installed in conjunction therewith to supervise

the condition of the auxiliary trip. This supervision, if incorporated in the

auxiliary system control panel, will be acceptable;

2. An auxiliary power source shall be provided to allow for complete operation

of the auxiliary fire protection or detection system(s) and the operation of the

auxiliary trip of the local energy master box in the event of power failure.

This auxiliary power source shall consist of wet-cell batteries except that if a

standby generator with automatic controls for operation of same in the event

of power failure is provided the requirement for wet-cell batteries may be

Alarm systems which emit signals shall be subject to the following regulations:

A. For the purposes of this part, the term "alarm system" means an assembly of

equipment and devices or a single device, arranged to signal the presence or

detection of an unauthorized intrusion into a premises. The term "alarm user"

means any person on whose premises an alarm system is maintained except

for alarm systems on motor vehicles.

B. Every alarm user shall submit to the police chief the names and telephone

numbers of at least two other persons who can be reached at any time, day or

night, and who are authorized to respond to an emergency signal by an alarm

system and who can open the premises wherein the alarm system is installed.

C. Within 6 months from the effective date of the ordinance codified in this part, all

present alarm systems which use an audible horn or bell shall be equipped with

a device which will shut off the horn or bell within 15 minutes after the

activation of the alarm system. All alarm systems installed after the effective

date of the ordinance codified in this part shall be equipped with such a device.

D. Any alarm system emitting a continuous and uninterrupted signal for more than

30 minutes and which disturbs the peace, comfort or repose of a neighborhood

shall constitute a public nuisance. In the event that the police chief is unable to

contact the alarm user or members of the alarm user's family or those persons

15-7 designated in subsection B of this section, or if the aforesaid persons cannot or

will not curtail the signal, he may direct a police officer or a firefighter or a

qualified alarm technician to enter upon the property outside the house or

building in which the alarm system is located and take any reasonable action

necessary to abate the nuisance.

E. Failure to abide by the provisions of either subsections B or C shall be

punishable by a fine of 50 dollars, with each subsection constituting a separate

offense. Maintenance of a public nuisance as defined in subsection D of this

section shall be punishable by a fine of one hundred dollars. (Prior Ch. 4, sec.

6).

15-12 Air conditioning systems to have water recirculation system.

All air conditioning units that are of a water-cooled compressor design shall have a

water recirculation system. (Prior Ch. 4, sec. 7).

15-13 Installation and use of exhaust system components.

The basic requirements for the design, installation and use of exhaust system

components including (1) hoods, (2) grease removal devices, (3) exhaust ducts, (4)

dampers, (5) air-moving devices, (6) auxiliary equipment, (7) fire extinguishing

equipment for the exhaust system and the cooking equipment used therewith in

commercial, industrial, institutional and similar cooking applications shall be as

follows:

A. All such installations made in the City shall, upon adoption of the ordinance

codified in this part, be made in compliance with the National Fire Protection

Association Standard 96, "Standard for the Installation of Equipment for the

removal of smoke and grease-laden vapors from Commercial Cooking

Equipment."

B. All in-line gas valves shall be of the mechanical type only as referred to in

Massachusetts Fuel Gas Code Established under Chapter 737, Acts of 1960,

effective February 1, 1975, sec. 4.21. (Prior Ch. 4, sec. 8).

15-14 Plumbing and gas permit fees.

The fees for plumbing and gas permits issued under Chapter 358 of the Massachusetts

State Plumbing Code shall be amended to read as follows:

15-8 PLUMBING FEES:

RESIDENTIAL PLUMBING:

New Installation:...........................................................................$100.00 1-10 Fixtures

............................................................................ $ 5.00 each add'l.

Replacement:...............................................................................$ 25.00 1-3 Fixtures

............................................................................... $ 5.00 each add’l

Lawn Irrigation* ...........................................................................$ 50.00

Sewer Inspection ......................................................................... $ 25.00

Re-Inspection............................................................................... $ 20.00

COMMERCIAL PLUMBING:

New Installation: ..........................................................................$150.00 1-10 Fixtures

......................................................................... $ 5.00 each add'l.

Replacement: ......................................................................... $ 50.00 1-5 Fixtures

......................................................................... $ 5.00 each add'l.

Re-Inspection: $ 20.00

GAS FEES:

RESIDENTIAL:

New Installation & Replacement: ................................................ $ 25.00 1-3 Fixtures

............................................... $ 10.00 each add'l.

Heating Unit*................................................................................ $ 35.00

Gas Water Heater (replacement only).......................................... $ 10.00

COMMERCIAL:

New & Replacement: ................................................................... $ 50.00 1-5 Fixtures

.................................................................... $ 10.00 each add'l.

Heating Unit*................................................................................ $ 35.00

Gas Water Heater (replacement only):......................................... $ 30.00

*Heating Units - Gas Boiler, Gas Furnace, Gas Space Heater, Gas Roof Heater, Gas Unit

Heater, Gas Conversion Heater, Gas Fireplace Heater Log.

ADDITIONAL COMMENTS & FEES.

PERMIT FEES ARE NON REFUNDABLE ONCE PERMIT IS ISSUED.

15-9 1) Permits shall be obtained prior to the start of work.

2) Any activity commenced without a permit - Fee shall be doubled those scheduled.

3) Inspections outside of normal business hours - Cost per hour, based on minimum

established by Union Contract.

4) When re-inspection is necessary due to violations or work not ready on scheduled

inspection date, an additional fee of $20.00 will be paid in advance of inspection.

(Ord. dated 2/5/85; 01/22/87; 5/24/96; 10/23/98)

V. DEMOLITION DELAY – THE PRESERVATION OF HISTORICALLY SIGNIFICANT BUILDINGS

15-15 Intent and Purpose This ordinance is enacted for the purpose of preserving and protecting significant buildings within the city which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the city and to limit the detrimental effect of demolition on the character of the city. Through this ordinance, owners of preferably preserved buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such buildings and residents of the city are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, streetscapes and neighborhoods, this ordinance promotes the public welfare by making the city a more attractive and desirable place in which to live and work. To achieve these purposes the Historical Commission is authorized to advise the Building Inspector with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this ordinance.

15-16 Definitions

APPLICANT: Any person or entity who files an application for a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate on or with the application his/her assent to the filing of the application.

APPLICATION: An application for the demolition of a building.

BUILDING: Any combination of materials forming a shelter for persons, animals, or property.

BUILDING COMMISSIONER: The person occupying the office of Building Commissioner or otherwise authorized to issue demolition permits.

COMMISSION: The Woburn Historical Commission or its designee.

DEMOLITION: Any act of pulling down, destroying, removing, dismantling or razing a building or commencing the work of total or substantial destruction with the intent of completing the same.

DEMOLITION PERMIT: The building permit issued by the Building Inspector for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building.

PREFERABLY PRESERVED: Any significant building which the Commission determines, following a public hearing, that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the twelve month demolition delay period of this ordinance.

SIGNIFICANT BUILDING: Any building within the city which is in whole or in part seventy-five years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria:

• The Building is listed on, or is within an area listed on, the National Register of Historic Places; or

• The Building has been found eligible for the National Register of Historic Places; or

• The Building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the City or the Commonwealth; or

• The Building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings.

15-17 Procedure

No demolition permit for a building which is in whole or in part seventy-five years or more old shall be issued without following the provisions of this ordinance. If a building is of unknown age, it shall be assumed that the building is over 75 years old for the purposes of this ordinance. An applicant proposing to demolish a building subject to this ordinance shall file with the Building Commissioner an application containing the following information:

• The address of the building to be demolished.

• The owner's name, address and telephone number.

• A description of the building.

• The reason for requesting a demolition permit.

• A brief description of the proposed reuse, reconstruction or replacement.

• A photograph or photograph(s) of the building.

The Building Commissioner shall within seven days forward a copy of the application to the Commission. The Commission shall within fifteen days after receipt of the application, make a written determination of whether the building is significant. Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. Upon determination by the Commission that the building is significant, the Commission shall so notify the Building Commissioner and the applicant in writing. No demolition permit may be issued at this time. If the Commission does not notify the Building Commissioner within fifteen days of receipt of the application, the Building Commissioner may proceed to issue the demolition permit. If the Commission finds that the building is significant, it shall hold a public hearing within thirty days of the written notification to the Building Commissioner. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place in city hall for a period of not less than seven days prior to the date of said hearing and the applicant and the building inspector shall be notified in writing of the meeting time and place. The Commission shall decide at the public hearing or within fourteen days after the public hearing whether the building should be preferably preserved. If agreed to in writing by the applicant, the determination of the Commission may be postponed. If the Commission determines that the building is not preferably preserved, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. If the Commission determines that the building is preferably preserved, the Commission shall notify the Building Commissioner and applicant in writing. No demolition permit may then be issued for a period of twelve months from the date of the determination unless otherwise agreed to by the Commission. If the Commission does not so notify the Building Commissioner in writing within twenty one days of the public hearing, the Building Commissioner may issue the demolition permit. Upon a determination by the Commission that any building which is the subject of an application is a preferably preserved building, no building permit for new construction or alterations on the premises shall be issued for a period of twelve months from the date of the determination unless otherwise agreed to by the Commission. No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have found to comply with all laws pertaining to the issuance of a building permit or if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section. The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the twelve months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this ordinance is served even with the issuance of the demolition permit or the building permit. Following the twelve month delay period, the Building Commissioner may issue the demolition permit.

15-18 Administration

The Commission may adopt such rules and regulations as are necessary to administer the terms of this ordinance. The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this ordinance. Administrative and advertising fees shall be borne by the petitioner. The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission or to a municipal employee. The Commission may pro-actively develop a list of significant buildings that will be subject to this ordinance. Buildings proposed for the significant building list shall be added following a public hearing.

15-19 Emergency Demolition

If after an inspection, the Building Commissioner finds that a building subject to this ordinance is found to pose an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building or structure, then the Building Commissioner may issue an emergency demolition permit to the owner of the building or structure. The Building Commissioner shall then prepare a report explaining the condition of the building and the basis for his decision which shall be forwarded to the Commission.

15-20 Enforcement and Remedies

The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this ordinance or to prevent a threatened violation thereof. Any owner of a building subject to this ordinance that demolished the building without first obtaining a demolition permit in accordance with the provisions of this ordinance shall be subject to a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission. If a building subject to this ordinance is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission.

15-21 Historic District Act

Following a determination that the building is significant and preferably preserved, the Commission may recommend to the [Mayor and City Council] that the building be protected through the provisions of Massachusetts General Law, Chapter 40C, the Historic Districts Act. The steps required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local historic district. Nothing in this ordinance shall be deemed to conflict with the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this ordinance do so conflict, that act shall prevail.

15-22 Severability

In case any section, paragraph or part of this ordinance be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect. (Added 5/10/2004; amended 6/17/2004)