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7/26/99 <br /> ORIGINAL _ <br /> <br /> ORDINANCE NO. 2167 <br /> <br /> ORDINANCE AMENDING SECTIONS 24.34 and 24.35 OF CHAPTER 24 <br /> OF THE CODE OF THE CITY OF REDWOOD CITY RELATING TO <br /> LIMITED EXCEPTIONS TO NOISE REGULATION REQUIREMENTS <br /> <br /> THE COUNCIL OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: <br /> <br />Section 1. Section 24.34 of the Code of the City of Redwood City is hereby amended <br />to read as follows: <br /> <br />"Section 24.34. EXCEPTIONS; PERMITS: Upon a showing by a property owner to <br />the Enforcement Officer that a diligent investigation of available noise abatement <br />techniques indicates that compliance with the requirements of this Division would be <br />impracticable or unreasonable, the Enforcement Officer may issue a permit allowing an <br />exception to the provisions contained in all or any portion of this Division subject to <br />such reasonable and appropriate conditions as the Enforcement Officer may impose, <br />including but not limited to a compliance schedule, restrictions upon construction <br />methods or use of machinery, equipment or devices, permission to engage in <br />construction activities on Saturdays, Sundays, and hol;idays only between the hours of <br />nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M., ,or implementation of such other <br />practices as the Enforcement Officer deems appropriate. Any such permit shall be <br />effective for a period not to exceed six (6) months and shall be of such reasonably <br />shod duration as the Enforcement Officer shall determine giving due regard to the <br />extent and the complexity of the construction to which it pertains. <br /> <br />Any person aggrieved by the decision of the Enforcement Officer in issuing or denying <br />the issuance of a permit pursuant to this Section may appeal the Enforcement Officer's <br />decision to the City Council. Such appeal shall be made by filing a written notice of <br />appeal with the City Clerk within ten (10) calendar days of the decision of the <br />Enforcement Officer. The notice of appeal shall state briefly the reasons for the appeal. <br />The City Clerk shall set a time and date for the hearing of the appeal and shall send <br />notice of the date, time and place of said hearing to the appellant by mail, first-class or <br />equivalent postage prepaid, to the appellant's address as stated in the notice of appeal. <br />The notice of hearing shall be sent not less than five (5) calendar days prior to the date <br />of the hearing. <br /> <br />Upon the hearing, the appellant and any person interested in the matter may be heard <br />by the Council. Formal rules of evidence shall not apply at the hearing, but any relevant <br />competent testimony or documentary material may be heard or submitted to the <br />Council. The Council may affirm, reverse or modify the decision of the Enforcement <br />Officer as the Council deems appropriate. The decisio~n of the Council on appeal shall <br />be final." <br /> <br />Ord-082 <br />flshlshlRCICouncil <br />FXS:fs <br />06/21/99 <br /> <br /> <br />