§ 11-32. Construction Noise in the "B" Business District.
(a)
Definitions. For the purposes of this section, the following terms will have the following prescribed meaning unless the context indicates otherwise:
(1)
Permit Applicant means the person who hired or will serve as the contractor or company to perform the construction activities.
(2)
Noise Receptor Site means a Lot which is the recipient of Construction Noise emanating from outside of the Lot's property line or, in the event that the Lot is part of an approved site plan, outside of the boundary of the site plan, regardless of whether that Lot is located in the Village.
(3)
Permitted Decibel Level means the maximum decibel level permitted for Construction Noise.
(4)
Violator means the general contractor, subcontractor, company, or person performing the construction activities in violation of the provisions of this Section.
(b)
Regulations. Construction Noise in the "B" Business District shall conform to the following regulations:
(1)
Prohibited Hours of Construction: Construction Noise is prohibited from 4:00 p.m. Saturday through 8:30 a.m. Monday, and all day on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Memorial Day, Veteran's Day, Good Friday, Yom Kippur, Rosh Hashanah, and Christmas Day. Construction activities that occur completely within the exterior walls of a Building may occur within the prohibited hours of construction so long as Construction Noise does not exceed 55 decibels when measured from a Noise Receptor Site.
(2)
Permitted Decibel Levels: The Permitted Decibel Level of Construction Noise shall not exceed the following limits during the specified times, when measured from a Noise Receptor Site:
a.
Night: 55 decibels from 6:00 p.m. Monday through Thursday to 8:30 a.m. the following day, and from 6:00 p.m. Friday to 10:00 a.m. Saturday, and
b.
Day: 80 decibels from 8:30 a.m. to 6:00 p.m., Monday through Friday, and from 10:00 a.m. to 4:00 p.m. Saturday.
(3)
Measurement of Permitted Decibel Level: The Permitted Decibel Level of Construction Noise shall be measured outdoors using a calibrated Sound Level Meter at the property line of the Noise Receptor Site of a complaining party outside of the Lot or site plan from which the noise is emanating. If there is no complaining party, the measurement shall be taken at a location that is no less than 65 feet from the property line of the Lot from which the noise is emanating. If such Lot is part of an approved site plan, the measurement shall be taken no less than 65 feet from the boundary of the site plan. The measurement period shall be no less than five minutes in duration and shall be in accordance with current ANSI standards.
(4)
Mitigation Practices: The Noise mitigation practices required by section 11-29(c) shall also be followed to mitigate Construction Noise in the "B" Business District.
(c)
Mitigation Conditions to Address Complaints. If complaints are received from residents who live adjacent to or near a construction site, the Village Manager or his designee may attempt to resolve such complaints by coordinating and attending meetings between the owner, owner's representative, Permit Applicant and/or Violator, and the affected citizens or their representatives. As part of the resolution of such complaints and regardless of whether any citation has been issued or violation has occurred, the Village Manager may impose reasonable conditions on construction activities that will mitigate the Construction Noise.
(d)
Deviations. A Permit Applicant may seek the prior written consent of the Village Manager to make Construction Noise for a limited time during the prohibited hours or in excess of the Permitted Decibel Levels. Such consent, which may not be unreasonably withheld, may be granted by the Village Manager if a Permit Applicant submits documentation establishing that the activity producing the Construction Noise, by its very nature, cannot meet the Permitted Decibel Level or be mitigated to meet the Permitted Decibel Level, or the activity cannot practically be performed during the permitted hours, or for other just cause as deemed reasonable by the Village Manager. The Village Manager may impose appropriate conditions to mitigate the impact of the deviation on the Village.
(e)
Enforcement. This section shall be enforced by the Village Manager in accordance with the following procedures and standards. The Village finds that Construction Noise violations are irreparable or irreversible in nature as a matter of law, and the penalties for such violations are established as follows in accordance with F.S. § 162.09(2).
(1)
Verbal warning. If the Village Manager finds a violation of this section, he or she shall issue a verbal warning to the Violator requiring immediate correction of the violation.
(2)
Civil penalties.
a.
First citation. If the violation is not corrected immediately after issuance of the verbal warning, the Village Manager shall issue a citation requiring immediate correction of the violation, shall impose fines in the amount of $500.00 against both the Violator and Permit Applicant, and shall notify the Property Owner of the violation.
b.
Second citation. If the violation is not corrected immediately after issuance of the first citation, or the violation recurs within a 60-day period, the Village Manager shall issue a second citation requiring immediate correction of the violation, shall impose fines in the amount of $1,000.00 against both the Violator and Permit Applicant, and shall notify the Property Owner of the violation.
c.
Third citation. If the violation is not corrected immediately after issuance of the second citation, or the violation recurs within a 60-day period, the Village Manger shall issue a third citation requiring immediate correction of the violation, shall impose fines in the amount of $2,500.00 against both the Violator and Permit Applicant, and shall notify the Property Owner of the violation.
d.
Continuing or recurring violations. In the event that the violation continues after or recurs within 60 days of issuance of the third citation, the Village Manager shall revoke the ability of both the Violator and Permit Applicant to make any Construction Noise between 6:00 p.m. Monday through Thursday to 8:30 a.m. the following day, and from 6:00 p.m. Friday to 10:00 a.m. Saturday for seven consecutive days, and may impose an additional penalty of $5,000.00 against both the Violator and Permit Applicant. The Village Manager may revoke the ability of both the Violator and Permit Applicant to make any Construction Noise between 6:00 p.m. Monday through Thursday to 8:30 a.m. the following day, and from 6:00 p.m. Friday to 10:00 a.m. Saturday for periods of time in excess of seven consecutive days, in the event that the Violator or Permit Applicant has more than three violations in a six-month period of time and the Violator or Permit Applicant has failed to address and resolve the violations. In such event, the Village Manager may also impose a penalty of $5,000.00 against the Property Owner if the Property Owner is not the Permit Applicant.
e.
Future violations. If no other violation occurs for six consecutive months after a violation is complied, the enforcement procedures of this subsection shall reset as to all parties and any future violations will again result first in a verbal warning, followed by the escalating progression of citations and penalties as set forth in subsections a—e.
(3)
Criminal penalties. In addition to or in lieu of the civil penalties set forth above, with respect to any of the provisions of this section, the Violator may be arrested and punished by imprisonment in the county jail for a period not to exceed 60 days.
(f)
Appeals.
(1)
Appeals of Mitigation Conditions: The property owner (or other party responsible for the violation pursuant to subsection 11-29(d)) may appeal to the Village Council the Village Manager's mitigation conditions imposed pursuant to subsection (c). An appeal shall be submitted on forms provided by the Village within ten calendar days after the decision of the Village Manager, and shall set forth the basis on which the mitigation conditions are alleged to be unreasonable. The Village Council shall hold a hearing on an appeal within 30 calendar days of the filing of such appeal, unless an extension of time is consented to by the appellant. Mitigation conditions imposed by the Village Manager shall remain effective during the time that the Village Council is considering the appeal, and the Village Council shall uphold the mitigation conditions if they are reasonable. The decision of the Village Council as to the appeal of a decision of the Village Manager shall be final.
(2)
Appeals of Citations or Violations. The property owner (or other party responsible for the violation pursuant to subsection 11-29(d)) may appeal such determination to the Village Special Master in accordance with the procedures set forth in chapter 2, article V "Code Enforcement" of this Code. The Special Master shall only review whether the citation or violation was properly issued with notice, and is not authorized to adjust the penalties set forth in this section or override any revocations issued by the Village Manager.
(Ord. No. 597, § 2, 6-20-17; Ord. No. 614, § 2, 12-18-18)