(A) The erection (including excavation), demolition, alteration or repair of any building requiring a building permit or the performance of any construction work occurring between the hours of 10:00 p.m. and 7:00 a.m. on Monday through Saturday, from 10:00 p.m. Saturday through 10:00 a.m. Sunday, and from 10:00 p.m. Sunday through 7:00 a.m. Monday is a violation of this section. For purposes of this section,
CONSTRUCTION WORK shall mean any and all activity incidental to the erection of buildings, structures, roads, flood control facilities or appurtenances thereof, including land clearing, grading, excavating and filling.
(B) Notwithstanding this section, a permit may be obtained to allow construction work to occur during the prohibited hours described in division (A) above in cases of urgent necessity in the interest of public health and safety. The permit shall be granted for a period not to exceed three days, shall continue only so long as the necessity continues and may be extended for additional periods of three days or less so long as the necessity continues.
(C) Notwithstanding this section, a permit may be obtained to allow construction work to occur during the prohibited hours described in division (A) above if it is determined that the public health and safety is not impaired by the erection, demolition, alteration or repair of any building, or the performance of construction work occurring during the hours, and further that no loss or inconvenience would result to any party in interest. Application for a permit may be made at the time the building permit for the work is awarded or during the progress of the work.
(D) The permits described in divisions (B) and (C) above shall be issued by the Building Inspector in cases involving a building for which a building permit is required.
(Prior Code, § 14-1) (Ord. 775, passed - -) Penalty, see § 95.99