(a) 
Any person, firm, corporation or association violating any provision of this division shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each day a violation of this division continues shall constitute a separate offense.
(b) 
Any holder of a permit issued by the city for construction activity who violates or knowingly allows another to violate the provisions of this division is subject to the suspension of such permit for a period of not less than three days upon written notice in accordance with the building code.
(1999 Code, sec. 38-45)
It is the intent of this division to mitigate the inherent conflicts between the industrial environment of the building industry and the residential environment. It is recognized that the occupied residence and the construction site both have property rights. The building official shall have the responsibility for making interpretations of this division and other ordinances adopted by the city to balance the property rights of the residential site in relation to a property temporarily under construction.
(1999 Code, sec. 38-41)
(a) 
Prohibited hours and days.
(1) 
The erection, including excavation, demolition, alteration or repair work, on any building or building site, at any time other than between the hours of 7:00 a.m. and 7:00 p.m. on a weekday, and 9:00 a.m. and 5:00 p.m. on Saturday, is declared a public nuisance and is unlawful.
(2) 
The delivery of construction materials, including lumber, drywall, concrete, cabinets, bricks, etc., at any time other than between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday is hereby declared a public nuisance and is unlawful.
(3) 
Construction activity and the delivery of construction materials as regulated in this section shall be prohibited on designated city holidays. A list of all designated holidays observed by the city shall be on file with the city secretary.
(b) 
Exceptions.
(1) 
On days other than Sunday, construction activity may take place at times other than that permitted in subsection (a) of this section. Such activity shall be restricted to the inside of the structure. The structure shall screen the construction activity from sight and suppress the sound and odors of such activity from adjacent property and rights-of-way.
(2) 
In emergency conditions and in the interest of public safety and/or public necessity, the city manager or authorized official may permit construction activity during other times. Such emergency conditions include, but are not limited to, natural disasters and remedial action to dangerous structures.
(3) 
Construction activity in the form of ordinary residential maintenance is permitted.
(1999 Code, secs. 38-42, 38-43)
(a) 
Owner responsibility for erosion control.
Each property owner, or lawful occupant thereof, within the municipal limits of the city shall control the erosion and siltation of soil materials from such property, so as not to allow stormwater runoff to transport silt, earth, topsoil, etc., beyond the property line of such property or to allow the deposit of soil materials to occur on city streets, drainage easements, facilities, storm drains or structures owned by others.
(b) 
Contractor responsibility for erosion control.
Plans and specifications prepared for construction of building or site improvements shall prescribe erosion/siltation control measures and techniques to assist contractors in implementing erosion control. The city may deny approval of plans and specifications based upon a failure to prescribe erosion control measures. The contractor shall take whatever measures are necessary to control and limit the transport of soil material from the site of construction, including but not limited to those prescribed on the plans and specifications. A list of approved alternative erosion control methods which the contractor may consider shall be available to contractors at the public works department. After completion of the construction project, the contractor shall leave conditions at the construction site in a stabilized condition so that the transport of materials beyond the property line of the property is eliminated.
(c) 
Trash containment.
Each person, firm, company, partnership, corporation or association holding a building permit for construction work within the municipal limits of the city shall contain all piles, heaps, stacks of old lumber, trash, scrap material, stones, bricks or broken rocks in an approved receptacle on the construction site, until such time as the debris may be removed.
(d) 
Restroom facilities.
Each person, firm, company, partnership, corporation or association holding a building permit within the municipal limits of the city shall provide restroom facilities for construction site workers at a convenient location within the same platted subdivision or phase thereof. Such facilities shall be maintained as needed to eliminate offensive odors.
(e) 
Enforcement.
The city, through its building official, city engineer and inspectors, may withhold the issuance of permits or the review of development documents, including but not limited to plats, drainage studies, plans and specifications, building permits, interim inspections, acceptance of maintenance of completed construction of public streets or storm drainage facilities, or certificates of occupancy, if the subject property is not in compliance with this section.
(1999 Code, sec. 38-44)