§ 15-28-755

Storage of hazardous materials prohibited

a.

Definitions. For purposes of this section, the following definitions apply:

Commissioner” means the commissioner of health.

Corrosive liquid”, “Hazardous chemical”, “Highly toxic materials”, “Oxidizing materials”, “Potentially explosive chemicals” and “Radioactive materialsshall have the meaning ascribed to those terms in Section 15-28-020 of this Code.

“Flammable compressed gas” shall have the meaning ascribed to that term in Section 15-26-020 of this Code.

“Flammable liquids” shall have the meaning ascribed to that term in Section 15-24-020 of this Code.

“Regulated material” means any corrosive liquid, flammable compressed gas, hazardous chemical, highly toxic materials, oxidizing materials, potentially explosive chemicals, radioactive materials and flammable liquids.

“Required notice” shall mean a statement setting forth the prohibition of subsection (b) of this section and the penalty for any violation of this section.

Residential building” means any building classified as a Class A-2 multiple dwelling unit pursuant to Section 13-56-040 of this Code.

“Residential storage facilityshall mean any common area available to the residents of a residential building for storage, whether or not the storage space is divided into individual compartments.

“Self-service storage facilityshall have the meaning ascribed to the term “self-service (public) storage facility” in Section 13-4-010 of this Code.

b.

No person shall store any regulated material in any self-service storage facility or any residential storage facility.

c.

The owner, manager or person in control of each self-service storage facility or residential storage facility shall post, in a conspicuous manner, a sign at the storage facility setting forth the required notice.

d.

(1) The owner, manager or person in control of each self-service storage facility or residential storage facility shall:

A.

Within 60 days after the effective date of this ordinance provide to each current lessee the required notice; and

B.

Include in all leases entered into or renewed after the effective date of this ordinance, a provision setting forth the required notice and further stating that it is a precondition to the use of the storage facility that the user understands and agrees to abide by the provision.

If use of the storage facility is provided without a lease, then the owner, manager or person in control of such facility shall provide the required notice to each user of the storage facility within 60 days after the effective date of this ordinance, or at the time of the initial use of the storage facility by the person, whichever is later.

2.

Within 60 days after the effective date of this ordinance, each condominium association that has a residential storage facility shall provide to every condominium unit owner, the required notice.

e.

Violations of this section shall be punished by a penalty of $250.00 to $500.00 for first offense, $500.00 to $1,000.00 for the second offense, and $1,000.00 to $2,000.00 for the third and each subsequent offense. Each day that the violation continues shall be deemed a separate offense.

f.

(1) A violation of this section shall be deemed and is hereby declared to be a public nuisance and, as such, subject to abatement; provided that the owner, manager or person in control of a self-service storage facility or residential storage facility shall not be liable for the penalties or abatement requirements of this section if he or she has complied with the requirements of subsections (c) and (d) of this section.

2.

Emergency abatement. In the event that commissioner or fire commissioner determines that any activity in violation of this section has created, or is creating, an imminent and substantial threat to the environment or the public’s health, safety, or welfare, then the commissioner or fire commissioner shall order the person storing the regulated material in violation of this section to abate the threat in the manner and within a time frame prescribed by the commissioner or fire commissioner. In the event that any person fails to abate such threat in accordance with the commissioner’s or fire commissioner’s order, the commissioner or fire commissioner may proceed to control, remove, dispose of or otherwise abate the threat.

3.

Non-emergency abatement. In the event that the commissioner or fire commissioner determines that any activity in violation of this section has not created, or is not creating, an imminent and substantial threat to the public’s health, safety or welfare, the commissioner or fire commissioner shall provide the person storing the regulated material in violation of this section with written notice to abate the nuisance in the manner prescribed by the commissioner or fire commissioner within three days from receipt of the notice. In the event that any person fails to abate such nuisance in accordance with the notice to abate, the commissioner or fire commissioner may proceed to control, remove, dispose or otherwise abate the nuisance.

4.

In addition to any other penalties imposed in subsection (e) of this section, the city shall be entitled to recover a penalty in the amount equal to three times the cost or expense incurred by the city in abating the nuisance in an appropriate action instituted by the corporation counsel.

(Added Coun. J. 4-6-05, p. 45585, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 9-11-13, p. 59869, § 6)

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