(A) The owner or operator of a noise source which the enforcement officer has determined violates any of the provisions of this chapter may file an application with the enforcement officer for a noise permit to vary from strict compliance with any particular provisions of this chapter where such noise permit will not result in a hazardous condition or a nuisance and strict compliance would be unreasonable in view of all circumstances. The owner or operator shall set forth all actions taken to comply with such provisions and the reasons why immediate compliance cannot be achieved. A separate application shall be filed for each noise source, provided, however, that several mobile sources under common ownership or fixed sources under common ownership on a single property may be combined into one application.
(B) Upon receipt of a complete application and fee, and within 30 days thereafter, the enforcement officer shall either approve such request in whole or in part, deny the request, or refer the request directly to the City Council for action thereon in accordance with the provisions of this chapter. In the event the noise permit request is approved, reasonable conditions may be imposed which may include restriction on noise level, noise duration and operating hours, an approved method of achieving compliance and a time schedule for its implementation. The decision of the enforcement officer is subject to appeal to the City Council for a public hearing by filing a written appeal with the enforcement officer not later than 15 days following the date of the enforcement officer's written decision to the applicant.
(C) Factors which the enforcement officer or the City Council must consider shall include but not be limited to the following:
(1) Present and potential uses of property within the area affected by noise;
(2) Factors related to initiating and completing all remedial work;
(3) Age and useful life of the existing noise source; and
(4) The general public interest, health, safety and welfare.
(D) The applicant may appeal the decision of the enforcement officer to the City Council by filing a notice of appeal with the City Clerk. The City Council shall either affirm, modify or reverse the decision of the Enforcement Officer. Such decisions shall be final and shall be based upon the considerations set forth in this section.
(Ord. 95-04, passed 4-10-95)