This title shall constitute the "construction code" and may be cited as such.
(Ord. 2024-659 § 2 (Exh. A))
This title shall not be construed to relieve or lessen the responsibility of any person, partnership, firm, association, or corporation owning, building, altering, constructing, or moving any building or structure as regulated in the construction codes; nor shall the city or any officer, employee, or agent of the city assume such liability by reason of any inspection authorized in this title or certificate of inspection issued by the city or any of its officers, employees or agents. This title shall not create or otherwise establish or designate any particular class or group of persons who will or should be specially protected by the terms of this title.
(Ord. 2024-659 § 2 (Exh. A))
A. 
Except as otherwise provided in subsection (B) of this section, any nonemergency construction activity in conjunction with any approved permit regulated by any code adopted by reference in this title including, but not limited to, building, mechanical, plumbing, fire, electrical, grading, engineering, land use and utility permits, the activities regulated by this title shall be limited to the following hours:
1. 
Monday through Friday: 7:00 a.m. to 7:00 p.m.
2. 
Weekends and legal holidays: 9:00 a.m. to 6:00 p.m.
B. 
Construction activity may be permitted outside the hourly limits set forth in subsection (A) of this section ("expanded work hours") only upon application and approval by the community development director and/or city manager, on the recommendation of the building official. Expanded work hours may be considered for approval when specifically requested by an applicant. No authorization to work beyond the hours of construction in subsection (A) of this section shall be permitted until specifically approved by the city.
C. 
Where requests for expanded work hours are approved, all conditions of approval must be met.
D. 
The applicant must, to the satisfaction of the community development director and/or city manager, justify that conducting construction activities during the expanded work hours will not significantly increase the activity's adverse impact on residents or property in the vicinity of the property on which the activity will occur; provided, that in no event shall the activity be permitted to occur after 10:00 p.m. or prior to 7:00 a.m. on any day.
E. 
The decision of the community development director and/or city manager shall be final unless the applicant or aggrieved party files an appeal with the hearing examiner pursuant to NMC § 2.20.060.
F. 
Violations of the construction hours or approved expanded work hours are subject to the conditions of a stop work order under the construction administrative code per Chapter 15.05 NMC and penalties under the provisions of NMC § 15.05.114.4. Additionally, hourly charges may be assessed for monitoring construction hours violations and charged to the permit applicant. Construction activities may be halted until assessed fees are paid.
(Ord. 2024-659 § 2 (Exh. A))