(A) The city may issue a permit waiving the requirements and restrictions of this subchapter on the basis of undue hardship, for good cause shown through competent evidence, or for a temporary event. The city may establish and require any reasonable conditions or requirements deemed necessary to minimize adverse health effects upon a community or the surrounding neighborhood as a condition to issuing a permit. The city may, but may not be required to, waive the requirements of this section at its discretion.
(B) (1) To apply for a temporary noise/special event permit, the applicant shall complete and submit the city-approved application form.
(2) A temporary noise/special event permit is valid only at the location stated in the application and for the length of time approved by the city on the application.
(C) (1) Upon approval of any temporary noise permit granted by the city, and unless otherwise required by the city, the applicant shall notify, in writing, each dwelling and facility located within 800 feet of the event or activity at least 48 hours in advance of the pending event. The city shall approve the content of each notice before it is distributed.
(2) The notice shall contain the following information:
(a) The name of the event or company name;
(b) The name of the coordinator or project manager;
(c) The contact phone number(s) of the coordinator or project manager;
(d) The name and contact phone number(s) of the on-site manager;
(e) The address of the event;
(f) The specific date(s) and operating time;
(g) A detailed description of the activities; and
(h) A brief description of all measures taken to maximize the abatement of the noise emission (or to minimize the noise emission) by means of source-reduction practices, best management practices, and best operational practices.
(D) (1) The city may establish and collect appropriate fees for licenses, certificates, and permits as set out in this subchapter. The city may collect appropriate fees as set out in this subchapter for the performance of services, including plan reviews. If information on a license, certificate, or permit application changes, the applicant shall notify the city in writing within 20 calendar days.
(2) Any applicant who applies for a temporary noise/special event permit shall remit to the city a permit fee in the amount set out in the city’s consolidated fee schedule.
(3) The city may waive the temporary noise/special event permit fees for governmental agencies or departments; provided compliance with all other requirements of this section are met.
(4) If a governmental agency or department approves an activity otherwise regulated by the city as a temporary noise/special event-permitted activity, the city may waive the temporary noise/special event permit fee; provided compliance with all other requirements of this section are met.
(E) (1) The city may impose upon any party subject to this subchapter penalties and charges for failure to timely pay service and permit fees as set out in this subchapter or in the city’s consolidated fee schedule. Attorney’s fees and collection fees may also be applied.
(2) An applicant who fails to give at least a ten-day notice to the city of their intent to obtain a temporary noise/special event permit shall remit to the city a late notification fee as set out in the city’s consolidated fee schedule.
(F) Any permit applied for, or issued, pursuant to this subchapter may be denied, suspended, or revoked by the city for any of the following reasons:
(1) Failure of the applicant to show that the temporary noise/special event will be held or operated in accordance with the requirements of this subchapter;
(2) Submission of incorrect, incomplete, or false information in the application;
(3) Failure to pay applicable fees;
(4) The temporary noise/special event is in violation of law;
(5) Failure of the coordinator, owner, or operator at a temporary noise/special event to allow the city to conduct inspections as necessary to determine compliance with this subchapter;
(6) Operation of a temporary noise/special event in a way that causes or creates a hazard to the public health, safety, or welfare;
(7) Failure to operate, or maintain the temporary noise/special event in accordance with the application, report, plans, and specifications approved by the city; or
(8) Failure to comply with any provision of this subchapter.
(Prior Code, § 8.08.050) (Ord. 27-2016, passed 12-21-2016) Penalty, see § 90.99