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<br />Effective 1/10/90 <br />City of CenterviDe Ord. #49 <br />The application.will be presented to the City Council for consideration and may be approved only if <br />the City Council finds that full compliance with the requirements of the ordinance would constitute <br />an unreasonable hardship on the applicant, on other persons, or on the community. In determining <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 application. The <br />application may be granted subject to conditions, including a time limit, which shall be clearly <br />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 may be held on the proposed application at which all persons <br />affected shall be given an opportunity to be heard. <br /> <br />Subdivision 4. Exception for Emergency 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 minimi7.e the amount of noise. <br /> <br />Subdivision 5. 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, 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 />