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SECTION 3.5 REGULATION OF LEDGE REMOVAL

A. PERMIT REQUIRED

No person shall remove ledge in the City of Malden without having obtained the following:

1. a Special Permit from the Planning Board under Section 700.13 of the zoning ordinance; and

2. a Work Permit issued by the Fire Marshall in accordance with the provisions of this section.

Application for a Work Permit shall be accompanied by a copy of the Planning Board Special Permit and a certification from the City Clerk that no appeal has been taken within the time required by law.

Prior to issuance of a Work Permit, the Fire Marshall shall obtain such proof as he deems necessary that conditions imposed on the Special Permit have been or will be met.

Ledge removal performed by blasting shall comply with the provisions of Section 3.5B of this code.

The Fire Marshall may, in his reasonable discretion, impose such additional conditions and restrictions as are deemed necessary to protect public safety.

Permits issued hereunder shall be non-transferrable and nonassignable. All work performed under a permit granted hereunder shall be performed by the applicant or his employees.

A work permit shall specify the duration of the proposed activity and fees for said permit shall be $50.00 per day. The Fire Marshall may revoke, suspend or modify a permit at any time for failure to comply with any provision of this ordinance or any terms or conditions of a work permit issued hereunder.

B. PENALTIES FOR VIOLATION

In addition to any fines or penalties that may be imposed under Section 1.13 for violation of this ordinance, the Fire Marshall shall, upon determination that a violation exists, suspend all permits issued under this ordinance to the person or persons found to be in violation.

For the first offense, said suspension shall be for a period of five days; for the second offense, said suspension shall be for a period of 10 days.

The existence of two violations within any 12 month period shall be cause for the Fire Marshall to refuse to issue a permit under this ordinance for a period of 12 months, commencing on the date of the second violation.