SR-8-C (24)
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CA:RMM:rmd675/hpca
City Council Meeting 4-12-88
APR 1 2 19t6
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
An Ordinance Amending Municipal Code Sections
4313 and 4314 to Increase certain Fees
At its meeting on February 2, 1988, the City Council
directed the City Attorney to prepare resolutions and ordinances
to implement various fee increases.
In response to this
direction, the first ordinance necessary to implement this
direction is presented to the City Council for its consideration.
Currently, Municipal Code Sections 4313 and 4314 establish
a $5.00 fee for obtaining a permit to do construction or
demolition work during the restricted time periods set forth in
the city's noise regulations.
The accompanying ordinance
increases the fee from $5.00 to $25.00.
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:rmd676/hpca
city council Meeting 4-12-88
Santa Monica, California
ORDINANCE NUMBER
(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
demoli 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, 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,
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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 0 f 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
4314.
Restrictions
on
Construction, Maintenance, or Repair of
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
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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 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.
(c) 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
appl ication fee in the amount of $25.00,
and shall set forth in detail facts
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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.
(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.
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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, 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:
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ROBERT H. MYERS
city Attorney
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