2003-10-08 CC Packet - Laserfiche WebLink

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Effective .111 0/90 City of Centerville Ord. #49 / The application will be presented to the City Council for consideration and may be approved only if the City Council finds that full compliance with the requirements of the ordinance would constitute an unreasonable nardship on the applicant, on other persons, or on the community. In determining whether to grant or deny the application, the City Council shall balance the hardship to the applicant against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any other adverse effects of granting the application. The application may be granted subject to conditions, including a time limit, which shall be clearly stated. If the City finds that sufficient controversy exists regarding the proposed exception to the provisions of this ordinance, a pu~lic hearing may be held on the proposed application at which all persons affected shall be given an 'opportunity to be heard. Subdivision 4. Exception for Emergency Work. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not to exceed 24 hours after the work is commenced. Persons responsible for such work shall inform the police department, Building Inspector and City Administrator of the need to initiate such work or, if the work is commenced during non-business hours of the City, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimi'Ze the amount of noise. Subdivision 5. Criminal Penalties. Every person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction, be subject to a fine, imprisonment, or both, and in either case, the cost of prosecution. Each act of violation and each day a violation occurs or continues constitutes a separate offense.