A.
It is unlawful within the incorporated limits of the city to engage in or conduct any outdoor work relative to construction, except between the hours of seven (7:00) a.m. and seven (7:00) p.m., Monday through Saturday, unless a permit for different hours has first been issued by the public works director for projects within the public right-of-way; or by the community development director for projects on private property. Application for such a permit shall be made in writing to the appropriate department director and shall state the name and business address of the applicant, the location of the proposed work, the reason for seeking a permit to do the work on Sunday or between seven (7:00) p.m. and seven (7:00) a.m. on other days, and the estimated duration of the work. For purposes of this section "construction" means the erection, maintenance or repair of any building or structure, the moving or excavation of earth, the laying of pavement, the loading or unloading of material, equipment or supplies or any other construction activity.
For projects on public or private property, notice of a pending decision on a request for extended construction hours shall be mailed by the appropriate director to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Rolls, within 300 feet of the exterior boundaries of the assessor's parcel(s) where the time extension is requested, at least 10 calendar days prior to the decision. Public comments concerning potential adverse affects on public peace, safety, and health and welfare will be accepted during the period before the date of the decision. After the comment period has ended, the appropriate department director may approve the request, deny the request, or approve the request subject to conditions necessary for the extension of construction hours upon making a finding by the appropriate department director that the public peace, safety, health and welfare will not be adversely affected by performance of the work at the requested time and that without issuance of the permit the applicant will suffer substantial loss or inconvenience.
B.
Notwithstanding the provisions of subsection A above, any person may, for emergency purposes, perform emergency construction work at such hours and on such days as are necessary to abate the emergency; provided, however, it is unlawful for the owner of the property on which the emergency construction work is performed to fail to notify the city in writing of the occurrence of the emergency within 12 hours after the commencement of the emergency construction work. For purposes of this subsection "emergency" means a sudden or unexpected occurrence which calls for immediate action because of an imminent threat to the health or safety of persons or property and "emergency construction work" means construction work necessary to restore property to a safe condition where all of the work performed is to protect persons or property from such imminent threat of harm.
(Ord. 149 § 1, 1992; Ord. 349 § 1, 2007)