Chapter 15.00
GENERAL PROVISIONS
Sections:
15.00.030 Hours of construction.
15.00.010 Title.
This title shall constitute the “construction code” and may be cited as such. (Ord. 2021-622 § 2 (Exh. A)).
15.00.020 Liability.
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. 2021-622 § 2 (Exh. A)).
15.00.030 Hours of construction.
A. Except as otherwise provided in any code adopted by reference in this title, the activities regulated by this title, or for construction work in a right-of-way or utility work outside the right-of-way, 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. For construction work in a right-of-way or involving work outside of a right-of-way that does not require a building permit, the city manager, on the recommendation of the public works director, may issue an authorization or revoke an authorization to expand the hours stated in subsection (A) of this section.
C. For 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, and land use permits, the city manager, on the recommendation of the community development director, may issue an authorization or revoke an authorization to expand the hours stated in subsection (A) of this section.
D. Any authorization may be subject to conditions as deemed appropriate by the city manager, including a condition allowing withdrawal of the authorization for failure to comply with any conditions, if conducting the activity during the expanded 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. The city manager’s decision shall be final unless the requestor or an aggrieved party files an appeal with the hearing examiner pursuant to NMC 2.20.060. (Ord. 2023-656 § 4; Ord. 2021-622 § 2 (Exh. A)).