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Home My WebLink AboutAGENDA REPORT 1992 0401 CC REG ITEM 12AITEM MOORPARK 799 Moorpark Avenue Moorpark, California 93021 M E M O R A N D U M TO: The Honorable City Council FROM: Lillian E. Kellerman, City Clerk �IA DATE: March 26, 1992 (CC meeting of 4/1/92) SUBJECT: ORDINANCE TO RESTRICT HOURS OF CONSTRUCTION WITHIN THE CITY (805) 529 -6864 Of � -199 The City Attorney has provided two versions of a proposed ordinance to restrict the hours of construction within the City. Version #1 allows for a process through which the Director of Public Works can vary the hours of construction by permit. Staff recommends Version #1 which allows for future exceptions without requiring an ordinance change. RECOMMENDATION: Introduce Ordinance No. (Version #1) for first reading. Attachment: Proposed Ordinance - Versions 1 & 2 PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNAR50 M. PEREZ ROY E. TALLEY JR. "or Mayor Pro Tern Councilmember Councilmember Councilmember `-, ORDINANCE NO. 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 ad 1ng Chapter 15.26 to read as follows: CHAPTER-15-26 CONSTRUCTION ACTIVITY RESTRICTIONS section 15.26.010 --Construction Activity Restricted to A. it is unlawful within the incorporated limits of th City of Moorpark to engage in or conduct any outdoor work re�ative to construction, except between the hours of 7:00 a.m. aci 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 re son for seeking a permit to do the work on Sunday or between 7: 0 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 fi ding 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 ap licant 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 ex avation of earth, the laying of pavement, the loading or unloading of material, equipment or supplies, or any other co struction activity. R. Notwithstanding the provisions of subsection A. ab ve, any person may, for emergency purposes, perform emergency co struction work at such hours and on such days as are necessary to abate the emergency; provided, however, it shall be unlawful fo the owner of the property on which the emergency construction wo k is performed to fail to notify the city in writing of the oc urrence of the emergency within 12 hours after the commence - me t of the emergency construction work. For purposes of this su section "emergency" shall mean a sudden or unexpected occur- 101 l-- 03/27/92 15:20 V213 236 2700 BW &S LA ... MOORPARK GENERAL [a 004 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. UCTT69 1. if any section, subsection, sentence, clause, ph ase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent ju isdiction, such decision shall not affect the validity of the re airing portions of this ordinance. The city Council declares th t it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, ir%espective 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 ce tify to the passage and adoption of this Ordinance and shall case the same to be published in the manner prescribed by law. PAMD AND APPROVED this 19 !EST: CI mno '77 1 O'7 1 A ! 161 -2- day of , CITY OF MOORPARK MAYOR ?17 P-T, a7M Par,F_ AG14 ORDINANCE NO. 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 N AS FOLLOWS: SECTION i. The Moorpark Municipal Code is hereby amended by g Chapter 15.26 to read as follows: Section 15.26.010 - Construction Activity Restricted to A. It is unlawful within the incorporated limits of t�e City of Moorpark to engage in or conduct any outdoor work rilative to construction, except between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. For purposes of this section "construction" shall mean the erection, maintenance or re air of any building or structure, the moving or excavation of e th, the laying of pavement, the loading or unloading of m erial, equipment or supplies, or any other construction a 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 wo'ik 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- 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- sa�y to restore property to a safe condition where all of the work performed is to protect persons or property from such immi- naht 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 10311.1 i 03/27/92 15:21 22213 236 2700 1031 BW &S LA --- MOORPARK GENERAL a 006 maining portions of this ordinance. The City Council declares at it would have adopted this Ordinance and each section, bsection, sentence, clause, phrase, part or portion thereof, respective of the fact that any one or more sections, subsec- ons, clauses, phrases, parts or portions be declared invalid or constitutional. SECTION 3. The Mayor shall sign and the City Clerk shall rtify to the passage and adoption of this Ordinance and shall use the same to be published in the manner prescribed by law. PASSED AND APPROVED this day of `r 1.1 —2— CITY or MOORPARx MAYOR MAR 27 ' 92 14:11 V .117e!