Ordinance 2007-284 - Laserfiche WebLink

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(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. 193-12. Permits for waiver for Construction Noise. 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 waiycr. 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 propCiiy 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. 193-810. Penalties for Construction Noise. Failure to strictly comply with any provisions shall result in the following penalties: A. First offense: a minimum fine of $1 0,000. B. Second offense: a minimum fine of$20,000. C. Third offcnse: 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. 193-911. Manner of enforcement. A. Violations of this chapter shall be prosecuted in thc 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. B. In determining the amount of the fine, ifany, the Special Master shall consider the following factors: (I) The gravity of the violation; (2) Any actions taken by the violator to correct the violation; (3) Any previous violations committed by the violator. Notwithstanding any provisions in 5 U:\LEGlSTLATION\Draft Ordinances\2007\Amending Chapter 193, Noise 030207 CLEAN.doc