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2014-09-10 CC Packet
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2014-09-10 CC Packet
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events. Any person seeking an exception shall file an application at City Hall with the <br /> Administrator or his or her designee on a form prescribed by the city. The application shall state <br /> the dates during which the application is proposed,the location of the noise source and time of <br /> operation, the nature of the noise source, reasons why the exceptiorl is sought,•s_teps taken to <br /> minimize the noise level and other information as is required by the city. <br /> (a) The city shall, within 30 days from the receipt of the application, approve or deny the <br /> application. The application will be presented to the City Council for consideration and <br /> may be approved only if the City Council finds that full compliance with the <br /> requirements of this section would constitute an unreasonable hardship on the applicant, <br /> on other persons or on the community. In determining whether to grant or deny the <br /> application, the City Council shall balance the hardship to the applicant against the <br /> 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 <br /> variance may be granted subject to conditions, including a time limit,which shall be <br /> clearly stated. <br /> (b) If the city finds that sufficient controversy exists regarding the proposed exception to the <br /> provisions of this section, a public hearing will be held on the proposed application at <br /> which all persons affected shall be given an opportunity to be heard. <br /> (5) Exception for emergency work. Noise created exclusively in the performance of emergency <br /> work to preserve the public health, safety or welfare, or in the performance of emergency work <br /> necessary to restore a public service or eliminate a public hazard shall be exempt from the <br /> provisions of this section for a period not to exceed 24 hours after the work is commenced. <br /> Persons responsible for the work shall inform the Police Department,Building Inspector and <br /> City Administrator of the need to initiate the work or, if the work is commenced during non- <br /> business hours of the city, at the beginning of business hours of the first business day thereafter. <br /> Any person responsible for this emergency work shall take all reasonable actions to minimize the <br /> amount of noise <br /> Penalty, see § 91.99 <br /> Ord #49, adopted 01/M'1990, Ord. amended 05/22.12002, Ord. amended 12;'101'2003, Ord. 2d#25, amended <br /> 12,,'10,,2008 <br /> OPEN BURNING <br /> § 91.20 PURPOSE. <br /> The purpose of this subchapter is to establish permitted categories of open burn events for residences <br /> and farms within the city and provide for a permitting process for residential and agricultural open burning, <br /> except when the open burning is defined as a recreational fire as prescribed in this subchapter. <br /> 891 Page <br /> 50 <br />
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