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<br />party requesting such waiver shall submit to the City Manager or <br />designee~ any required approvals from the agencies (FDOT, Police <br />Department, etc.) if applicable. In addition, the property owner or its <br />designee shall notify the abutting property owners within 150 feet of <br />the propeliy in writing of the extension of the construction time <br />request and shall provide proof of such notification to the City by <br />either presenting a sign acknowledgment or a return receipt of the <br />certified mail. <br /> <br />(2) If granted, the permit shall be in writing and contain all conditions <br />upon which such permits is granted, including, but not limited to, the <br />duration or equipment limitations. <br /> <br />H. Penalties. Failure to strictly comply with any provisions shall result in the <br />following penalties: <br /> <br />(1) First offense: a minimum of $1 0,000.00. <br /> <br />(2) Second offense: a minimum of fine of $20,000.00 <br /> <br />(3) Third offense: a stop work order shall be issued by the City Manager <br />or designee until the violations are corrected and all fines are paid. <br />Notwithstanding any provision in this section, the stop work order <br />shall be in place for a minimum of eight (8) hours. <br /> <br />I. Manner of Enforcement. <br /> <br />(1) Violations of this Ordinance shall be prosecuted in the same manner <br />as other violations of the City Code provided, however, that in the <br />event of an initial violation of the provision of this Ordinance, a <br />written warning shall be given to the alleged violator to discontinue or <br />to abate such noise condition prior to their being subject to further <br />enforcement action. Only one warning shall be issued per occurrence. <br />A violation of this Ordinance may subject the violator to arrest, and/or <br />enforcement as provided under the City Code. The Code Enforcement <br />Department and the Police Department shall be responsible for <br />enforcing this Chapter. <br /> <br />(2) In determining the amount of the fine, if any, the Special Master shall <br />consider the following factors: <br /> <br />(a) The gravity of the violation; <br /> <br />(b) Any actions taken by the violator to correct the violation; <br /> <br />(c) Any previous violations committed by the violator. <br />Notwithstanding any provisions in this Chapter, the Special <br />Master may reduce the fine imposed pursuant to this Chapter <br />if the violator is not a repeated offender. <br /> <br />02006-Construction Noise Pollution Revised.Doc <br /> <br />Page 4 of5 <br />