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CONSTRUCTION NOISE NUISANCES
(A) Use of construction tools and equipment. Except as provided in division (C) through (G) of this section, no person may use construction tools and equipment except between 7:30 a.m. and 7:30 p.m. Monday through Friday and between 8:00 a.m. and 4:00 p.m. on Saturdays; provided, however, that such tools and equipment shall not be used at any time on the following federal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas.
(B) Emergencies. The limitations stated in division (A) of this section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions.
(C) Work by public agencies. The limitations stated in division (A) of this section may be waived by the City Manager for work undertaken by any public body or agency for the benefit of the public. The City Manager may attach to any such waiver all conditions he or she deems necessary to protect the public health, safety, or welfare.
(D) Farming and other agricultural activities. The prohibitions stated in division (A) of this section shall not be construed to apply to any bona fide farming or agricultural activity.
(E) Routine landscaping and other yard and golf course maintenance activities. The prohibitions stated in division (A) of this section shall not be construed to apply to any routine landscaping and other yard and golf course maintenance activities, including snow removal, performed either by a resident or property owner, or under a maintenance agreement with a resident or property owner.
(F) Use of power tools for interior work by resident or property owner. The prohibitions stated in division (A) of this section shall not be construed to apply to the use of power tools for home repairs and/or hobbies by a resident or property owner within the interior of their residence, garage, or other accessory structure.
(G) Waiver.
(1) The prohibitions stated in division (A) of this section may be waived by the City Manager in the case of exceptional circumstances; provided, however, that no such waiver shall be granted unless the City Manager finds that:
(a) The party seeking the waiver will suffer a significant hardship unless the waiver is granted; and
(b) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare.
(2) The City Manager may attach to such waiver all conditions he or she deems necessary to protect the public health, safety or welfare.
(Ord. 03-06, passed 1-30-06) Penalty, see § 94.99
(A) Applications for a permit for a waiver from the prohibitions designated in § 94.11 on the basis of undue hardship and/or practical difficulty may be made to the City Manager. A letter of request containing the basis for the request must accompany each application. The relief requested may be granted upon a good and sufficient finding by the City Manager that the specific circumstances set forth in the waiver request satisfy the conditions set forth in § 94.11(G)(1) and (2).
(B) If granted, the permit shall be in writing and contain all conditions upon which such permit is granted, including, but not limited to, the effective dates, any time-of-day, location, sound-pressure-level, or equipment limitations. The City Manager may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding area.
(C) In the event the City Manager denies an application for a permit for waiver from the noise restrictions designated in this subchapter, or grants relief under conditions the applicant finds unacceptable, the affected party may appeal the decision to the City Council by filing a written letter with the City Manager within ten calendar days after receiving notice of the City Manager's decision. The appeal letter must specifically state each and every point of contention with the City Manager's determination the City Manager shall immediately cause the appeal to be placed on the next regular meeting agenda of the City Council for discussion and action. When considering an appeal of the City Manager's determination, the City Council shall consider the intent contained in this section, the City Manager's reasons for denying a permit or applying conditions, the applicant's points raised in the letter of appeal, and relevant surrounding facts.
(Ord. 03-06, passed 1-30-06)
(A) Responsible violators. The persons responsible for violations of § 94.11 are identified as follows:
(1) At private residences. Any adult resident present at the time of the offense, and any adult guest or adult trespasser with the ability to control the use of construction tools and equipment at the time of the offense when no adult resident is present at the time of the offense.
(2) At nonresidential locations. Any property owner, director, operator, manager, employee in charge, and all persons in control or possession of the construction tools and equipment at the time of the offense.
(3) At any location with unattended construction tools and equipment. Any person who leaves unattended any construction tools and equipment, which thereafter continue to operate during the time prohibited by this section.
(B) Warning. Any person or persons violating this subchapter shall first be warned of the unlawfulness of such activity and be given a reasonable opportunity to discontinue such activity prior to being subject to further enforcement action. Only one warning shall be issued per occurrence. Not more than one warning shall be necessary during any 24-hour period for any construction site.
(C) Enforcement remedies. In the event that the violation is not abated as ordered and within the time specified, the village may abate such violation by one or more of the methods listed below. Each time the violation is not abated as directed shall be considered a separate violation.
(1) Issuance of a citation, subject to the applicable fines set forth in § 94.99(D).
(2) Undertaking a public abatement of the violation and assessment of costs thereof.
(3) Remedied by means of a civil court proceeding or any other lawful process pursuant to the Ohio Revised Code.
(Ord. 03-06, passed 1-30-06)
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