Chapter 8.32
REPAIR OF MECHANICAL EQUIPMENT
Sections:
8.32.040 Exception – Temporary work.
8.32.050 Exception – Emergency repairs.
8.32.060 Permit – Application.
8.32.080 Permit – Contents – Duration.
8.32.090 Permit – Terms and conditions.
8.32.100 Site restoration required.
8.32.110 Violation declared public nuisance.
8.32.010 Purpose.
The purpose of this chapter is to reduce fire hazards, alleviate police problems, prevent unsightly neighborhood nuisances, and restrict nonresidential uses of residential property by regulating the outdoor repair of mechanical equipment on public and private property in residentially zoned areas. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-801).
8.32.020 Definitions.
In this chapter, unless the context otherwise requires, the following terms shall be defined as follows:
A. “Mechanical equipment” means and includes appliances, automobiles, boats, machinery, mechanical equipment, motor vehicles, motorcycles, or other mechanical apparatus, but does not include a bicycle.
B. “Repair” means and includes construction, building, servicing, dismantling, disassembling or the performing of any work. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-802).
8.32.030 Permit – Required.
No person may repair mechanical equipment out-of-doors, if the mechanical equipment is visible from a public way, for a period of more than 48 hours in the following land use districts without a permit to do so:
A. One-family residential district (RS);
B. Duplex-residential district (RD);
C. Multiple residential district (RM). (Ord. 72-1 N.S. § 1, 1972; prior code § 8-803).
8.32.040 Exception – Temporary work.
This chapter does not apply to a person who performs work on mechanical equipment for a period which does not exceed 48 hours. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-809).
8.32.050 Exception – Emergency repairs.
Notwithstanding the provisions of this chapter, no person may repair mechanical equipment on public rights-of-way in any land use district in the city, except in the case of an emergency. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-811).
8.32.060 Permit – Application.
An applicant for a permit shall file a request with the city manager on a form provided by the city. The application shall include:
A. Name and address of applicant;
B. Address where work is to be done;
C. Description of exact location of work site;
D. Written consent of owner of premises if other than applicant;
E. Description of vehicle or conveyance sufficient to identify it;
F. General statement of work to be done and an estimate of the time required. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-804).
8.32.070 Permit – Approval.
The city manager may refer the permit request to the police department and the fire department. The city manager shall approve the request and issue a permit if he finds that the work:
A. Will not create a police problem or a fire hazard;
B. The work with regard to location of the work site and type of work to be done will not create a public or private nuisance and is not detrimental to the welfare of the residents of the area. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-805).
8.32.080 Permit – Contents – Duration.
The permit shall describe the vehicle and the time within which the work is to be completed. The city manager may grant a time extension of any permit upon showing a good cause. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-806).
8.32.090 Permit – Terms and conditions.
As a condition of the permit the applicant and the owner of the premises shall authorize the city to:
A. Remove and store at the expense of the applicant and the owner, the vehicle or portion of it which is on the site after the permit expires; and
B. Restore the premises as required in BMC 8.32.100. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-808).
8.32.100 Site restoration required.
Within the time granted, the applicant shall complete the work and shall clear the area where the work is performed of all debris. The applicant, and, in the case of private property, the owner of the premises, is responsible for the cost of restoring the work site to the condition existing before the work began. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-807).
8.32.110 Violation declared public nuisance.
The activity prohibited by this chapter is a public nuisance. A person who maintains, permits or allows the activity prohibited by this chapter to exist on his property is subject to provisions of Penal Code Section 373, Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, and Chapter 8.04 BMC. (Ord. 72-1 N.S. § 1, 1972; prior code § 8-810).