Chapter 8.28
BUILDING CONSTRUCTION HOURS OF OPERATION AND NOISE CONTROL
Sections:
8.28.030 Construction noise prohibited in residential zones.
8.28.060 Exemptions – Generally.
8.28.070 Exemptions for public utilities.
8.28.080 Repealed.
8.28.090 Violations – Penalties.
8.28.010 Definitions.
As used in this chapter:
(A) “Person” means an individual, partnership, firm or corporation.
(B) “Section” means a section of this chapter.
(C) Reference to Ordinance or Statute. Whenever any reference is made to this chapter, or any other ordinance, or to any statute, such reference shall apply to all amendments and additions thereto, now or hereafter made. (Ord. 584 § 1, 1986)
8.28.030 Construction noise prohibited in residential zones.
Except as otherwise provided in this chapter, no person shall perform any construction or repair work on any Sunday, or any other day after 8:00 p.m. or before 6:30 a.m., in any residential zone or within 500 feet of any residence, hotel, motel or recreational vehicle park. For the purposes of this section, construction and repair work includes work of any kind upon any building or structure, earth excavating, filling, or moving, and delivery, preparation or operation of construction equipment, materials or supplies where any of the foregoing entails the use of an air compressor, jack hammer, power-driven drill, riveting machine, excavator, semi-truck, diesel power truck, tractor, cement truck, or earth moving equipment, hand hammer, or other machine, tool, device or equipment which makes loud noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness sleeping or residing in the area. (Ord. 1335 § 1, 2007; Ord. 584 § 1, 1986)
8.28.040 Exceptions.
The provisions of PMC 8.28.030 do not apply to any person who performs the construction, repair, excavation or earth moving work involved pursuant to the express written permission of the City Engineer to perform such work at times prohibited in PMC 8.28.030. Upon receipt of an application in writing therefor, stating the reasons for the request and the facts upon which such reasons are based, the City Engineer may grant such permission if he finds that:
(A) The work proposed to be done is affected with public interest; or
(B) Hardship, injustice or unreasonable delay would result from the interruption thereof during the hours and days specified in PMC 8.28.030; or
(C) The building or structure involved is devoted or intended to be devoted to a use immediately incident to public defense. (Ord. 584 § 1, 1986)
8.28.050 Appeals.
Any person dissatisfied with the decision of the City made pursuant to the provisions of this chapter may appeal therefrom to the administrative hearing officer appointed pursuant to Chapter 1.20 PMC, within 15 days of the date of the decision, by filing with the City Clerk a written notice of appeal, briefly stating in the notice the grounds relied upon for appeal. If the appeal is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the administrative hearing officer, to be held within 45 days from the date of receipt of the notice of appeal, giving the appellant not less than five days’ notice in writing of the time and place of hearing. The findings and determinations of the administrative hearing officer at the hearing shall be final and conclusive, and within three days after the findings and determinations are made, the City Clerk shall give notice thereof to the appellant.
In the event no appeal is taken by the permittee, the decision of the City Engineer shall become final and conclusive on the expiration of the time fixed in this section for appeal. (Ord. 1322 § 3, 2007; Ord. 584 § 1, 1986)
8.28.060 Exemptions – Generally.
The provisions of PMC 8.28.030 do not apply to the construction, repair, or excavation during prohibited hours as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed, or where such necessity requires immediate action prior to the time at which it would be possible to obtain a permit pursuant to PMC 8.28.040, if the person doing such construction, repair or excavation obtains a permit therefor within one day after the office of the City Engineer is first opened subsequent to the making of such construction, repair or excavation. (Ord. 584 § 1, 1986)
8.28.070 Exemptions for public utilities.
The provisions of PMC 8.28.030 do not apply to the construction, repair, or excavation by a public utility which is subject to the jurisdiction of the Public Utilities Commission as may be necessary for the preservation of life or property and where such necessity makes it necessary to construct, repair, or excavate during the prohibited hours. (Ord. 584 § 1, 1986)
8.28.080 Exemptions in nonresidential zones.
Repealed by Ord. 1335. (Ord. 584 § 1, 1986)
8.28.090 Violations – Penalties.
Any person violating any provision of this chapter is guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for not more than six months or by both such fine and imprisonment. Every such person is guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person and shall be punished as provided by this chapter. (Ord. 584 § 1, 1986)