Loading...
HomeMy WebLinkAboutORD 149 1992 0416ORDINANCE NO. 149 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK ADDING CHAPTER 15.26 TO THE MOORPARK MUNICIPAL CODE RELATIVE TO CONSTRUC- TION ACTIVITY RESTRICTIONS THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended by adding Chapter 15.26 to read as follows: CHAPTER 15.26 CONSTRUCTION ACTIVITY RESTRICTIONS Section 15.26.010 - Construction Activity Restricted to Certain Hours A. It is unlawful within the incorporated limits of the City of Moorpark to engage in or conduct any outdoor work relative to construction, except between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless a permit for different hours or days has first been issued by the Director of Public Works. Application for such a permit shall be made in writing to the Director and shall state the name and business address of the applicant, the location of the proposed work, the reason for seeking a permit to do the work on Sunday or between 7:00 p.m. and 7:00 a.m. on other days, and the estimated duration of the work. No such permit shall be issued except upon a finding by the Director that the public peace, safety, health and welfare will not be adversely affected by performance of the work at the requested time and that without issuance of the permit the applicant will suffer substantial loss or inconvenience. For purposes of this section "construction" shall mean the erection, maintenance or repair of any building or structure, the moving or excavation of earth, the laying of pavement, the loading or unloading of material, equipment or supplies, or any other construction activity. B. Notwithstanding the provisions of subsection A. above, any person may, for emergency purposes, perform emergency construction work at such hours and on such days as are necessary to abate the emergency; provided, however, it shall be unlawful for the owner of the property on which the emergency construction work is performed to fail to notify the City in writing of the occurrence of the emergency within 12 hours after the commence - ment of the emergency construction work. For purposes of this subsection "emergency" shall mean a sudden or unexpected occur- 10126.1 rence which calls for immediate action because of an imminent threat to the health or safety of persons or property and "emer- gency work construction work" shall mean construction work neces- sary to restore property to a safe condition where all of the work performed is to protect persons or property from such immi- nent threat of harm. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsec- tions, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 15th day of 1992 . ATTEST: APRIL CITY OF MOORPARK jj 9� MAYOR ' 10126.1 -2- 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 149 was adopted by the City Council of the City of Moorpark at a meeting held on the 15th day of APRIL 1992, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 16th day of APRIL 1992. w Lillian E. Keller an City Clerk PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Printed On Recycled Paper