SR-416-001 (4)
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CA:RMM:rmd203/hpca
city council Meeting 4-22-86
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t// (p.-rlJO i.
Santa Monica, California
?-8
APR 2 2 1986
STAFF REPORT
TO:
Mayor and city council
FROM:
city Attorney
SUBJECT:
Ordinance Amending santa Monica Municipal
Code sections 4204d1 and 4204d2 to Alter
the Permitted Hours of Construction on Saturdays
and Federal Holidays
At its meeting on February 25, 1986, the City council
directed the City Attorney to prepare an ordinance amending Santa
Monica Municipal Code Sections 4204d1 and 4204d2 to alter the
permitted hours of construction and demolition. In response to
this direction, the accompanying ordinance has been prepared and
is presented for City Council consideration.
The principal changes made by the revisions to Sections
4204dl and 4204d2 are to expand the times when construction and
demolition activity is prohibited. The changes include:
1. Applying the construction prohibitions throughout the
City.
Currently, the construction prohibitions are limited to
residential districts or areas adjacent to residential districts.
2. prohibiting construction and demolition activity on
certain federal holidays.
3. changing the permissible starting time for demolition
and construction activity from 7:00 a.m. to 9:00 a.m. on
Saturdays.
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A~~ 2 2 1986
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Other technical
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changes have been made
to ensure
consistency between the two sections.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmd202/hpca
City Council Meeting
'/16-00/
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4-22-86
Santa Monica, California
ORDINANCE NUMBER
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 420401 AND 4204D2 ALTERING THE
PERMITTED HOURS OF CONSTRUCTION AND DEMOLITION
ACTIVITY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Monica Municipal Code section 4204dl is
amended to read as follows:
SECTION 4204dl.
Restrictions on
Demoli tion of Buildinqs I Excavatinq I or
Gradinq.
(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:
(1) Before 7:00 a.m. or after
8:00 p.m. on Monday through Friday.
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(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.
(b) A permit may be issued
authorizing demolition, excavation, or
grading activity during the time
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 $5.00, 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, wi th 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
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Oirector 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.
SECTION 2.
Santa Monica Municipal Code Section 4204d2 is
amended to read as follows:
SECTION
4204d2.
Noises,
construction, Buildings, Projects.
(a)
No
person shall
operate
equipment
or
perform any
outside
construction or repair work on buildings,
structures,
or
projects
during
the
following times anywhere in the City:
(1) Before 7:00 a.m. 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 Sundays.
(4) All day on New Years Day,
Memorial Day, Independence Day, Labor Day,
Veterans
Day,
Thanksgiving
Day,
and
christmas Day.
(b) No permit is required to
perform emergency work which is defined as
work made necessary to restore property to
a safe condition following a public
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calamity or work required to protect
persons or property from an imminent
exposure to danger.
(0) 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 $5.00,
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.
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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 the 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 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 l5 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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