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No person shall reproduce or alter any document issued by the noise control officer or required by this chapter, for the purpose of evading, attempting to evade or violating any requirement of this chapter.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
Any permit, variance or other document that authorizes any activity regulated by this chapter shall be displayed or maintained on the property or at the location where the activity is occurring.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
(a) A person who proposes to perform non- emergency work on a public right-of-way, public utility facility, public transportation facility or some other project for the benefit of the general public, who is unable to conform to the requirements of this chapter may apply to the County for a variance authorizing the person to temporarily deviate from the requirements of this chapter.
(b) The noise control officer shall only grant a variance if the officer makes findings that the applicant's proposed activity cannot feasibly be done in a manner that would comply with this chapter and the applicant has no other reasonable alternative available.
(c) When evaluating a request for a variance the noise control officer shall determine the impact any noise that does not comply with the limits of this chapter will have on each property likely to be affected by the noise. The evaluation shall include the uses on each property on which the non-complying noise will be received, what activities will be impacted on the property and the duration of each impact. The evaluation shall also include the value to the community of the work being done by the applicant, the cost to the community if the applicant is unable to perform the work, the cost to the applicant for mitigating the non-complying noise and any cost to the occupant of the impacted property during the time the period of the impacted property will be subject to the non-complying noise.
(d) If the noise control officer grants a variance under this section the variance may impose time limitations on the non-complying activity and may include mitigation measures that the applicant is required to adopt.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
An applicant for a variance shall file an application with the noise control officer on a form provided by the officer. The application shall not be deemed complete until the applicant provides all information required by the application and any supplemental information requested by the noise control officer.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
A person who loses the certificate issued by the noise control officer that grants a variance shall request a duplicate certificate from the noise control officer within 10 days after the certificate is destroyed, lost or defaced.
(Amended by Ord. No. 9689, operative 2-4-05, effective 2-13-05; amended by Ord. No. 9962 (N.S.), effective 1-9-09)
(a) The noise control officer shall review an application for a variance to determine if the applicant has provided all information necessary to render a decision on the application. If the application is not complete, the noise control officer shall notify the applicant within 15 days from the date the application was submitted what additional information the applicant needs to provide to make the application complete. If the applicant does not provide the additional information within 15 days of the notice the noise control officer shall deny the application. Within 30 days after receiving a completed application the noise control officer shall deny, approve or grant conditional approval of the request for a variance and notify the applicant in writing of the action taken.
(b) If the noise control officer denies the request for a variance the notice of denial shall state the reasons for the denial. If the noise control officer conditionally approves the variance request the notice of conditional approval shall clearly state the conditions and the reasons for the conditional approval.
(c) An applicant may deem a variance denied if the application has not been acted on within 30 days after the application was submitted or within 15 days after providing additional information requested by the noise control officer, whichever is later.
(Amended by Ord. No. 9962 (N.S.), effective 1-9-09)
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