O1458
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CA:RMM:jld145a/hpc
City council Meeting 10-25-88
Santa Monica, California
ORDINANCE NUMBER 1458 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 4313 AND 4314 TO FURTHER LIMIT THE
HOURS ALLOWED FOR CONSTRUCTION, MAINTENANCE, OR
REPAIR OF BUILDINGS IN THE CITY OF SANTA MONICA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4313 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
demol i tion 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:
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(1) Before 7:00 a.m. or after
6:00 p.m. on Monday through Friday.
(2) Before 9:00 a.m. or after
5:00 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
establ ished by the Un! ted 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 to be in the public interest. The
person obtaining the permit shall provide
notification to persons occupying property
within a perimeter of five hundred (500)
feet of the proposed demolition,
excavation, or grading site prior to
commencing work pursuant to the permi t.
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Applications for such permit shall be in
writing, shall be accompanied by an
application fee in the amount of
Twenty-Five Dollars ($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, however, with respect to work
upon or involving the use of a public
street, alley, building, 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:
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SECTION
43l4. Restrictions
Maintenance, or Repair
on
construction,
Buildinqs.
(a) No person shall operate any
equipment includinq, but not limited to,
vehicles and hel icopters involved in
construction activity, or perform any
outside construction, maintenance, or
repair work on buildings, structures, or
projects during the following times
anywhere in the city:
(1) Before 7:00 a.m. or after
6:00 p.m. on Monday through Friday.
(2) Before 9:00 a.m. or after
5:00 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.
of
(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.
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(c) A permit may be issued
authorizing construction activity during
the times prohibited by this Section
whenever it is found to be in the public
interest. The person obtaining the permit
shall provide notification to persons
occupying property within a perimeter of
five hundred (500) feet of the proposed
construction site prior to commencing work
pursuant to the permit. Applications for
such permit shall be in writing, shall be
accompanied by an application fee in the
amount of Twenty-Five Dollars ($25.00),
and shall set forth in detail facts
showing that the public interest will be
served by the issuance of such parmi t.
Applications shall be made to the Building
Officer; provided, however, with respect
to work upon or invol ving the use of a
public street, alley, building, 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
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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 resal ution of the City
Council.
(d) No permit is required to
perform emergency work necessary to
restore property to a safe condition
following a public calamity or work
required to protect persons or property
from an imminent exposure to danger or
hazards.
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, is 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 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 inval id or unconstitutional without regard to whether
any portion of this Ordinance would be subsequently declared
invalid or unconstitutional.
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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 fifteen (IS) days after its adoption.
This Ordinance
shall be effective thirty (30) days after its adoption.
APPROVED AS TO FORM:
~"^~
ROBERT M. MYERS
City Attorney
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I hereby certify tha
Ordinance No. 1458(CCS)
Adopted and approved t is
was duly and regularly
a meeting of the City
Council on the 11th day of October 1988~ that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 25th day of October 1988 by the following Council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST: ~''-
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