Reso 2006-1012 - Laserfiche WebLink

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yeneral Code E-Code: City of Sunny Isles Beach, FL Page 2 of3 The limitations stated in this chapter shall not apply to any routine landscaping and other yard maintenance activities. However, the operation of landscaping equipment, including but not limited to lawn mowers, lawn edges, weed trimmers and blowers, is permitted during the following hours: 7:30 a.m. to 8:00 p.m. Monday through Sunday. ~ 193-5. Emergencies. The limitations stated in 9 193-3 of this chapter shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions. S 193-6. Waiver. A. The limitations in 9 193-3 of this chapter may be waived by the City Manager in the case of exceptional circumstances; provided, however, that no such waiver shall be granted unless the City Manager finds that: (1) The party seeking the waiver will suffer a unique hardship and/or practical difficulty unless the waiver is granted; (2) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare; (3) That the activity, operation, or noise will be temporary in duration; and (4) That no reasonable alternative is available to the party. B. The City Manager may attach to such waiver all conditions he/she deems necessary to protect the public health, safety or welfare. S 193-7. Permits for waiver. A. Applications for a permit for a waiver from the noise restrictions designated in this chapter on the basis of undue hardship and/or practical difficulty must be submitted to the City Manager at least 10 days before the occurrence of the activity relating to the waiver. The application for waiver must contain the basis for the waiver. The party requesting such waiver shall submit to the City Manager or designee, any required approvals from the agencies (FDOT, Police Department, etc.) if applicable. In addition, the property owner or its designee shall notify the abutting property owners within 150 feet of the property in writing of the extension of the construction time request and shall provide proof of such notification to the City by either presenting a signed acknowledgment or a return receipt of the certified mail. B. If granted, the permit shall be in writing and contain all conditions upon which such permit is granted, including, but not limited to, the duration or equipment limitations. ~ 193-8. Penalties. Failure to strictly comply with any provisions shall result in the following penalties: A. First offense: a minimum fine of $10,000. B. Second offense: a minimum fine of $20,000. C. Third offense: a stop-work order shall be issued by the City Manager or designee until the violations are corrected and all fines are paid. Notwithstanding any provision in this section, the stop-work order shall be in place for a minimum of eight hours. S 193-9. Manner of enforcement. A. Violations of this chapter shall be prosecuted in the same manner as other violations of the City Code; provided, however, that in the event of an initial violation of the provision of this chapter, a written warning shall be given to the alleged violator to discontinue or to abate such noise condition prior to their being subject to further enforcement action. Only one warning shall be issued per occurrence. A violation of this chapter may subject the violator to arrest and/or enforcement as provided under the City Code. The Code Enforcement Department and the Police Department shall be responsible for enforcing this chapter. http:/ /www.e-codes.generalcode.com/searchresults.asp ?cmd=getdoc&DocId=44&Index=C... 11/8/2006