Item 4: Ordinance Concerning Noise Disturbances

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4. The city manager may impose limitations and conditions granting the variance in order to protect affected persons from the noise disturbance. A violation of any such condition or limitation shall constitute a violation of section 4.080(2) of this code and grounds for revocation of the variance. 5. A decision to grant or deny a variance shall be in writing and shall state the reasons for such decision. The city manager shall notify the applicant of the decision and shall make it available to any person who has submitted written comments on the application. 6. The city manager may revoke a variance without a hearing upon finding that: a. The applicant has provided false or misleading information, or omitted disclosure of a material fact, on the application or related material; b. The applicant is operating the sound source in violation of this code or applicable local, state or federal law; c. The applicant has violated a condition of variance approval; or, d. New information shows that the permitted activity or device would endanger property or the public health or safety. 7. The action of the city manager in denying a variance application or in revoking an issued variance may be appealed in the manner provided by section 2.021 of this code. The decision of a hearings official on any such appeal is final. The action of the city manager in approving a Class B variance may be appealed under the same procedures if such appeal can be decided in a timely way. Decisions of the city manager in approving a Class A variance are final. (Section 4.084 added by Ordinance No. 17435, enacted July 28, 1975, and amended by Ordinance No. 19274, enacted August 13, 1984; Ordinance No. 19606 enacted February 27, 1989; Ordinance No. 19697, enacted June 25, 1990; Ordinance No.19902, enacted February 17, 1993, effective March 19, 1993; and administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998.)