§ 8.13.080. Construction of buildings and projects.

A.

General Provisions. It is unlawful for any person to operate equipment or perform any outside construction or repair work on buildings, structures or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist or any other construction-type device, except within the time periods specified in this section, or if the noise level created thereby is in excess of the applicable community noise standard by five dB(A) at either the nearest property line or the affected area of property unless written authorization has been obtained beforehand from the city manager or his or her duly authorized representative.

B.

Start/Stop Times.

1.

Concrete. From April 15th to October 15th inclusive, concrete may be poured, and concrete mixing trucks may be idled, each day between the hours of six a.m. and seven p.m. or at such other times pursuant to written authorization. From October 16th to April 14th inclusive, concrete may be poured, and concrete mixing truck may be idled, each day between the hours of six a.m. to seven p.m. or at such times pursuant to written authorization.

2.

All other construction/residential zones in or within five hundred (500) feet. From April 15th to October 15th inclusive, all other construction or repair work shall not begin prior to seven a.m. and must stop by seven p.m. each day in or within five hundred (500) feet of a residential zone or at such other times pursuant to written authorization. From October 16th to April 14th inclusive, all other construction or repair work shall not begin prior to seven a.m. and must stop by seven p.m. each day in or within five hundred (500) feet of a residential zone or at such other times pursuant to written authorization.

3.

Commercial and Industrial Zones. Construction and repair work in commercial and industrial zones not within five hundred (500) feet of a residential zone shall not begin prior to five a.m. and must stop by seven p.m. or it may be conducted at such other times pursuant to written authorization.

C.

Weekends and Holidays Excluded. Notwithstanding the foregoing, construction or repair, work shall not begin prior to seven a.m. and must stop by seven p.m. and concrete pouring should not begin prior to six a.m. and must stop by seven p.m. on any Saturday, Sunday or holiday, unless such other times are allowed by written authorization.

D.

Written Authorization. Construction and repair work may be conducted at different times and at higher noise levels than otherwise permitted in this section if written authorization is obtained beforehand from the city manager or his or her authorized representative. In granting such authorization, the city manager or his or her authorized representative shall consider if construction noise in the vicinity of the proposed work site would be less objectionable at night than during the daytime because of different population levels or different neighboring activities; if obstruction and interference with traffic, particularly on streets of major importance, would be less objectionable at night than during the daytime; if the kind of work to be performed emits noises at such a low level as to not cause significant disturbance in the vicinity of the work site; if the neighborhood of the proposed work site is primarily residential in character wherein sleep could be disturbed; if great economic hardship would occur if the work was spread over a longer time; if the work will abate or prevent hazard to life or property; if the proposed early morning or night work is in the general public interest, and he or she shall prescribe such conditions, working times, types of construction equipment to be used and permissible noise emissions as he or she deems to be required in the public interest. No written authorization shall be required to perform emergency work as defined in Section 8.13.020 of this chapter.

E.

Revocation of Written Authorization—Appeal. The city manager or his or her authorized representative may revoke any written authorization granted hereunder upon complaints based upon substantial evidence that the construction activity causes significant disturbance in the vicinity of the work site. Any person aggrieved by the granting of written authorization or the refusal to grant written authorization by the city manager or his or her authorized representative may appeal the decision to the city council who shall hear such appeal at the next regularly scheduled meeting of the city council.

F.

Stop Orders. Whenever any work on a construction project is in violation of the provisions of this section, the building official or his or her authorized representative, or, in the case of public works, the public works director or his or her authorization representative, may order the construction project stopped by notice in writing served on any persons responsible for the project, and any such persons shall forthwith stop work on the project until authorized by the building official or public works director to proceed with such work.

(Ord. 06-6 §§ 1, 2, 2006; Ord. 04-1 § 8, 2004)