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2003-12-23 CC Packet
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2003-12-23 CC Packet
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<br />Effective 1/10/90 <br />City ofCenterville Ord. #49 <br />whether to grant or deny the application, the City Council shall balance the hardship to the applicant <br />against the adverse impact on the health, safety, and welfare of the persons affected, the adverse <br />impact on property affected, and any other adverse effects of granting the variance. The variance <br />may be granted subject to conditions, including a time limit, which shall be clearly stated. <br /> <br />If the City finds that sufficient controversy exists regarding the proposed exception to the provisions <br />of this ordinance, a public hearing will be held on the proposed application at which all persons <br />affected shall be given an opportunity to be heard. <br /> <br />Subdivision 5. Exceotion for Emere:encv Work. <br /> <br />Noise created exclusively in the performance of emergency work to preserve the public health, <br />safety, or welfare, or in the performance of emergency work necessary to restore a public service or <br />eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not to <br />exceed 24 hours after the work is commenced. Persons responsible for such work shall inform the <br />police department, Building Inspector and City Administrator of the need to initiate such work or, if <br />the work is commenced during non-business hours of the City, at the beginning of business hours of <br />the first business day thereafter. Any perSon responsible for such emergency work shall take all <br />reasonable actions to minimize the amount of noise. <br /> <br />Subdivision 6. Criminal Penalties. <br /> <br />Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, <br />upon conviction, be subject to a fine or imprisonment or both, and in either case, the cost of <br />prosecution. Each act of violation and each day a violation occurs or continues constitutes a <br />separate offense. <br /> <br />SECTION 4. SEVERABILITY. <br /> <br />If any provision of this ordinance or the application of any provision to a particular situation. is held <br />to be invalid by a court of competent jurisdiction, the remaining portions of the ordinance and the <br />application of the ordinance to any other situation shall not be invalidated. <br /> <br />Adopted by the City Council this lOth day of January, 1990. <br /> <br />APPROVED: <br /> <br />(Signature on File) <br />Mayor, George Haberman <br /> <br />Attest: <br /> <br />(Signature on File) <br />Clerk! Administrator, Tamara M Mitz-Miller <br /> <br />Amended: May 22, 2002 <br />Published in the Quad Community Press on June 11, 2002 <br />Amended: December 10, 2003 <br />fubnshed in the Quad Community Press on December 23, 2003 <br />
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