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O1439 e e CA:RMM:rmd676jhpca city council Meeting 4-26-88 Santa Monica, California ORDINANCE NUMBER 1439(CCS) (City council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4313 AND 4314 OF THE SANTA MONICA MUNICIPAL CODE TO INCREASE CERTAIN FEES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4313 of the Santa Monica Municipal Code is amended to read as follows: SECTION 4313. Restrictions on Demolition of Buildings, Excavating, or Grading. (a) No person shall operate or cause the operation of, or suffer or permit the operation of any tool, machine, or other thing designed or used for the demolition of any building or structure, or excavating, or grading, or any part thereof, upon any premises owned, occupied, or controlled by such person during the following times anywhere in the City: (1) Before 7:00 a.m. or after 8:00 p.m. on Monday through Friday. - 1 - e e (2) Before 9:00 a.m. or after 8:00 p.m. on Saturday. (3) All day on Sundays. (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day, as those days have been established by the United states of America. (b) The noise level created by such activities shall not exceed the allowable exterior median noise level specified in Section 4305(a) of this Chapter, as applicable, for the Noise Zone where the activity occurs, plus 10 dBA. (c) A permit may be issued authorizing demolition, excavation, or grading activity during the times prohibited by this section whenever it is found that the public interest will be served thereby. Applications for such permit shall be in writing, shall be accompanied by an application fee in the amount of $25.00, and shall set forth in detail facts showing that the public interest will be served by the issuance of such permit. Applications shall be made to the Building Officer: provided, - 2 - e e however, with respect to work upon or involving the use of a public street, alley, buildinq, or other public place under the jurisdiction of the General services Department, applications shall be made to the Director of General Services. No permit shall be issued unless the application is first approved by the Director of General Services, the Building Officer, the Chief of Police, and the City Manager. Anyone dissatisfied with the denial of such permit may appeal to the city Council. The fees provided for in this Section may be revised from time to time by resolution of the City Council. SECTION 2. Santa Monica Municipal Code section 4314 is amended to read as follows: SECTION Construction, Buildings. (a) No person shall operate any equipment, including, but not limited to, vehicles and helicopters involved in construction activity, or perform any outside construction, maintenance, or repair work on buildings, structures, or 4314. Restrictions on Maintenance, or Repair of - 3 - e e projects during the following times anywhere in the city: (1) Before 7:00 a.ln.. or after 8:00 p.m. on Monday through Friday. (2) Before 9:00 a.m. or after 8:00 p.m. on Saturday. (3) All day on Sunday. (4) All day on New Years Day, Memorial Day, Independence Day, Labor Day, veterans Day, Thanksgiving Day, and Christmas Day, as those days have been established by the united states of America. (b) The noise level created by such activities shall not exceed the allowable exterior median noise level specified in Section 4305(a) of this Chapter, as applicable, for the Noise Zone where the activity occurs, plus 10 dBA. (e) A permit may be issued authorizing construction activity during the times prohibited by this Section whenever it is found that the public interest will be served thereby. Applications for such permit shall be in writing, shall be accompanied by an application fee in the amount of $25.00, and shall set forth in detail facts - 4 - e e showing that the public interest will be served by the issuance of such permi t. Applications shall be made to the Building Officer; provided, however 1 wi th respect to work upon or involving the use of a publ ic street, alley, building 1 or other public place under the jurisdiction of the General Services Department, applications shall be made to the Director of General Services. No permit shall be issued unless the application is first approved by the Director of General services, the Building Officer, the Chief of Police, and the city Manager. Anyone dissatisfied with the denial of such permit may appeal to the city council. The fees provided for in this Section may be revised from time to time by resolution of the City Council. Cd) No permit is required to perform emergency work necessary to restore property to a safe condition fallowing a public calamity or work required to protect persons or property from an imminent exposure to danger or hazards. - 5 - e e SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~W\..~ ROBERT M. MYERS 0 city Attorney - 6 - A . ~ e e Adopted and approved this 26th day of April, 1988. was I hereby certify that duly and regularly ()A^^ r - - 'Mayor t~fOreqOinq Ordinance No. 1439(CCS) introduced at a meetinq of the ci ty Council on the 12th day of April 1988: that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 26th day of April 1988 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz 1 Reed, Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Zane ATTEST: _ ',- - ~.