HomeMy WebLinkAboutAGENDA REPORT 1992 0325 CC SPC ITEM 12A12. A.
MOORPARK ITEM
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
. ?PARK, CALIFOR;a;',
Ci f Council Meeting
MEMORANDUM or Z j' 199 �
TO: The Honorable City Council
FROM: Lillian E. Kellerman
DATE: March 19, 1992
/ACTION:
SUBJECT: ORDINANCE TO RESTRICT HOURS OF CONSTRUCTION WITHIN
THE CITY
BACKGROUND
In researching the Moorpark Municipal Code and the sections of the
Ventura County Code adopted at the time of incorporation, it was
determined that the City does not have an ordinance to restrict the
hours of construction activity within the City. In order to allow
for the proper authority for enforcement of cessation of
construction activity prior to 7:00 a.m. and after 7:00 p.m. the
attached Ordinance has been drafted and is being presented to the
Council for introduction and first reading.
RECOMMENDATION
Introduce Ordinance No. for first reading.
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.'
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK
RESTRICTING CONSTRUCTION ACTIVITIES IN THE
CITY OF MOORPARK TO CERTAIN HOURS.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That Chapter 15.26 Construction Activity Restrictions
is hereby added to Title 15 of the Moorpark Municipal Code to read
as follows:
Section 15.26.010 Construction Activity Restricted to
Certain Hours
It is unlawful within the incorporated limits of the City of
Moorpark to engage in or conduct any activity in the
construction, maintenance, or repair of any building or
structure, the moving of earth, or the laying of any pavement,
including but not limited to the making of any excavation,
clearing or grading of surface land, and loading or unloading
material, equipment, or supplies, except between the hours of
7:00 A.M. and 7:00 P.M., Monday through Saturday, except when
the urgent necessity, in the interests of the public health
and safety requires, and the Director of Public Works or his
designee consents thereto, and unless a permit for each work
at different hours or days has first been issued by the
Director of Public Works. Application for such permit shall
be made in writing to the Director of Public Works and shall
state the name of the applicant, his business address, the
location of the proposed work, the reason for seeking a permit
to do such work on Sunday or between 7:00 P.M. and 7:00 A.M.,
and the estimated time of the proposed operation. No such
special permit shall be issued except where the public peace,
health or welfare, will not be adversely affected by such
issuance, or will be harmed by failure to perform the work at
the times indicated. When substantial loss or inconvenience
would result to any party denied permission to do so, the
Director of Public Works or his designee may grant permission
for such work on any day or at such times within such hours
and on such conditions as he shall fix in accordance with his
findings.
Section 15.26.020 Exemptions:
A. Notwithstanding any of the provisions of this chapter and
upon prior written notification to the Director of Public
Works, any governmental agency or private or public
utility may, for emergency purposes, perform emergency
work and /or provide at any time supplies, materials,
equipment, and labor for the repair, erection,
restoration, maintenance, and alternation of its services
and facilities. For the purposes of this section
"emergency" shall mean a sudden or unexpected happening
or occasion which is, or presents, a threat of harm to
the health, safety, or welfare to life and /or property of
the community calling for immediate action, and
"emergency work" shall mean the work necessary to restore
property to a safe condition following a public calamity
where all the work required is to protect persons or
property from an imminent public exposure to danger.
B. Construction or other enumerated activity taking place
more than five miles from any dwelling in which persons
reside.
SECTION 2: This Ordinance shall take effect thirty days from and
after the date of its adoption.
PASSED AND ADOPTED this day of April, 1992.
Paul W. Lawrason Jr., Mayor
ATTEST:
Lillian E. Kellerman, City Clerk