B. During a measurement interval, Lmax may exceed the exterior sound level limits shown in subsection 25.08.410.A by no more than 15 dB(A).

Section 23. Section 25.08.420 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.420 Modifications to maximum permissible exterior sound levels limits.

The maximum permissible sound levels established by this subchapter shall be reduced or increased by the sum of the following:

A. Between the hours of ten (10:00) p.m. and seven (7:00) a.m. during weekdays, and between the hours of ten (10:00) p.m. and nine (9:00) a.m. on weekends and legal holidays, the levelsexterior sound level limits established by Section 25.08.410 are reduced by ten (10) dB(A) where the receiving property lies within a residential district of the City.

B. For any source of sound which that is periodic , which has a pure tone component, or which is impulsive and is not measured with an impulse sound level meter, the levelsexterior sound level limits established by this subchapter shall beare reduced by five (5) Db(A)dB(A); provided, however, that this five ( 5) dB(A) penalty for the emission of sound having a pure tone component reduction shall not be imposed on any electrical substation, whether existing or new.

C. For any source of sound that is impulsive and not measured with an impulse sound level meter which is of short duration, the levelsexterior sound level limits established by this subchapter are increased by: reduced by five (5) dB(A).

1. Five (5) dB(A) for a total of fifteen (15) minutes in any one (1) hour period; or

2. Ten (10) dB(A) for a total of five (5) minutes in any one (1) hour period; or

3. Fifteen (15) dB(A) for a total of 1.5 minutes in any one (1) hour period.

Section 24. Section 25.08.425 of the Seattle Municipal Code, which Section was last amended by Ordinance 115041, is amended as follows:

25.08.425 Sounds created by Cconstruction and maintenance equipment operations.

A. The maximum permissibleexterior sound levels limits established by Sections 25.08.410 and 25.08.420, as measured from the property line of the real property of another person or at a distance of fifty (50) feet from the construction or maintenance equipment making the sound, whichever is greater, may be exceeded during the following times by the sound levels specified in subsection 25.08.425.B for the types of equipment listed in that subsection.

1. Within Lowrise, Midrise, Highrise, ResidentialCommercial and Neighborhood Commercial zones, between 7 a.m. and 7 p.m. on weekdays and between 9 a.m. and 7 p.m. on weekends and legal holidays, provided that if no property in residential use exists within 100 feet of the property generating the sound, or if the equipment is being used for a public project, then between 7 a.m. and 10 p.m. on weekdays and between the hours of 9 a.m. and 10 p.m. on weekends and legal holidays.

2. Within all other zones, between 7 a.m. and 10 p.m. on weekdays and between 9 a.m. and 10 p.m. on weekends and legal holidays.

B. During the time periods specified in subsection 25.08.425.A, the exterior sound level limits, as measured from the property line of the real property of another person or at a distance of 50 feet from the construction or maintenance equipment making the sound, whichever is greater, may be exceeded between the hours of seven (7:00) a.m. and ten (10:00) p.m. on weekdays and between the hours of nine (9:00) a.m. and ten (10:00) p.m. on weekends by no more than the following dB(A)'s for the following types of equipment:

1. Twenty-five (25)dB(A) for equipment on construction sites, including but not limited to crawlers, tractors, dozers, rotary drills and augers, loaders, power shovels, cranes, derricks, graders, off-highway trucks, ditchers, trenchers, compactors, compressors, and pneumatic-powered equipment;

2. Twenty (20)dB(A) for portable powered equipment used in temporary locations in support of construction activities or used in the maintenance of public facilities, including but not limited to chainsaws, log chippers, lawn and garden maintenance equipment, and powered hand tools; or

3. Fifteen (15)dB(A) for powered equipment used in temporary or periodic maintenance or repair of the grounds and appurtenances of residential property, including but not limited to lawnmowers, powered hand tools, snow-removal equipment, and composters.

B.C. Sounds created by impact types of construction equipment, including but not limited to pavement breakers, piledrivers, jackhammers, sandblasting tools, or by other types of equipment or devices whichthat create impulse noisesound or impact noisesound or are used as impact equipment, as measured at the property line or fifty ( 50) feet from the equipment, whichever is greater, may exceed the maximumexterior sound level limits established in subsection A25.08.425.B of this sectionin any one (1) hour period between the hours of eight (8:00) a.m. and five (5:00) p.m. on weekdays and nine ( 9:00) a.m. and five (5:00) p.m. on weekends and legal holidays, but in no event to may the sound level exceed the following:

1. Le q Leq ninety (90) dB(A) continuously;

2. Le q Leq ninety-three (93) dB(A) for thirty (30) minutes;

3. Le q Leq ninety-six (96) dB(A) for fifteen (15) minutes; or

4. Le q Leq ninety-nine (99) dB(A) for seven and one-half (7-1/2) minutes; provided that sound levels in excess of Le qLeq ninety-nine ( 99) dB(A) are prohibited unless authorized by variance obtained from the Administrator; and provided further that sources producing sound levels less than ninety (90) dB(A) shall comply with subsection 25.08.425.A and B of this section during those hours not covered by this subsection B 25.08.425.C.

a.D. The standard of measurement shall be a one (1) hour L eq Leq. L eq Leq may be measured for times not less than one (1) minute to project an hourly L eq Leq. Reference to one (1) hour is for measurement purposes only and shall not be construed as limiting construction or maintenance to a one (1) hour period.

E. b. These subsections A and B The exterior sound level limits established in this section shall be reviewed periodically by the City to assure that the exterior sound level limits are technically feasible.

C. F. Construction or maintenance equipment activity that exceeds the maximum permissibleexterior sound levels limits established by Section 25.08.410, when measured from the interior of buildings within a commercial district, is prohibited between the hours of eight (8:00) a.m. and five (5:00) p.m. For purposes of this subsectionC, interior sound levels shall be measured only after every reasonable effort, including but not limited to closing windows and doors, is taken to reduce the impact of the exterior construction noise.

Section 25. Section 25.08.430 of the Seattle Municipal Code, which Section was last amended by Ordinance 120481, is amended as follows:

25.08.430 Sounds created by operation of motor vehicles.

It is unlawful for any person to operate upon any public highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration or deceleration in such a manner so that the motor vehicle's exhaust noise exceeds ninety-five (95) decibels as measured by the Society of Automotive Engineers (SAE) test procedure J1169 (May 1998).

Section 26. Section 25.08.470 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.470 Sale of new motor vehicles which that exceed limits.

It is unlawful for any person to sell or offer for sale a new motor vehicle, except an off-highway vehicle, which that produces a maximum sound level exceeding the following maximum permissibleexterior sound levels limits at a distance of fifty (50) feet, by acceleration test procedures established by the State Commission on Equipment:

Section 27. Section 25.08.480 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.480 Motor vehicle exemptions.

Sounds created by motor vehicles are exempt from the maximum permissibleexterior sound levels limits of Subchapter III, except that sounds created by any motor vehicle operated off public highways shall be subject to the exterior sound levels limits of Subchapter III when the sounds are received within a residential district of the City.

Section 28. Section 25.08.485 of the Seattle Municipal Code, which Section was last amended by Ordinance 109099, is amended as follows:

25.08.485 Watercraft.

A. It is unlawful for any person to operate any watercraft in such a manner as to exceed the following maximum noise limits exterior sound level limits when measured within fifty (50 ) feet of the shoreline or anywhere within a receiving property:

1. At any hour of the day or night, the limit for any receiving property shall be is seventy-four (74) dB(A), except that;

2. Between sunset and sunrise 10 p.m. and 7 a.m. the limit for any receiving property within a residential or rural district shall be is sixty-four (64) dB(A). For the purpose of administering and enforcing this section, sunset will be interpreted as ten (10:00) p.m. and sunrise will be interpreted as seven (7:00) a.m.

B. It is unlawful for any person to operate any watercraft, except aircraft, which that is not equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler. Any of the following defects in the muffling system shall constitute is a violation of this subsection:

1. The absence of a muffler;

2. The presence of a muffler cutout, bypass, or similar device which that is not standard or normal equipment for the exhaust system being inspected;

3. Defects in the exhaust system including, but not limited to, pinched outlets, holes, or rusted-through areas of the muffler or pipes; and

4. The presence of equipment which that will produce excessive or unusual noise from the exhaust system. Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs effective in reducing sound shall not be considered as adequately maintained mufflers.

C. The following exemptions shall apply to sounds created by watercraft or watercraft operations:

1. Normal docking, undocking, and water skier pick-up and drop-off operations of all watercraft shall be are exempt from the provisions in subsection 25.08.485.A;

2. Sounds created by the operation of commercial, nonrecreational watercraft are exempt at all times for from provisions of this chapter. These commercial activities include, but are not limited to, tugboats, fishing boats, ferries, and vessels engaged in intrastate, interstate, or international commerce;

3. Sounds created by boat races and regattas, and trials therefor as sanctioned by the Chief of Police acting as Port Warden pursuant to Section 27 of Ordinance 879831 Section 16.20.160 as amended, are exempt from provisions in this section and in this chapter between the hours of seven (7 :00) a.m. and ten (10:00) p.m. on weekdays and between the hours of nine (9:00) a.m. and ten (10:00) p.m. on weekends and legal holidays.

D. Nothing in this section shall be construed to limit the powers of the Chief of Police acting as Port Warden, as enumerated in Section 16.12.010 3 of Ordinance 879832 as amended.

Section 29. Section 25.08.510 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.510 Exempted sources.

No sound source specifically exempted from a maximum permissible exterior sound level limits by this chapter shall be is a public nuisance noise or public disturbance noise , insofar as the particular source is exempted.

Section 30. Section 25.08.530 of the Seattle Municipal Code, which Section was last amended by Ordinance 112976, is amended as follows:

25.08.530 Sounds exempt at all times.

A. The following sounds are exempt from the provisions of this chapter at all times:

1. Sounds originating from aircraft in flight, and sounds which that originate at airports and are directly related to flight operations;

2. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;

3. Sounds created by fire alarms;

4. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;

5. Sounds created by the discharge of firearms in the course of lawful hunting activities;

6. Sounds created by natural phenomena;

7. 6. Sounds originating from forest harvesting and silviculture activity and from commercial agriculture, if the receiving property is located in a commercial or industrial district of the City;

8. 7. Sounds created by auxiliary equipment on motor vehicles while used for highway surface maintenance; and

9. 8. Sounds created by warning devices or alarms not operated continuously for more than thirty (30) minutes per incident.

Section 31. Section 25.08.540 of the Seattle Municipal Code, which Section was last amended by Ordinance 112976, is amended as follows:

25.08.540 Sounds exempt during daytime hours Generally.

A. The following sounds are exempt from the provisions of this chapter between the hours of seven (7:00) a.m. and ten (10:00) p.m. on weekdays and between the hours of nine ( 9:00) a.m. and ten (10:00) p.m. on weekends and legal holidays:

1. Sounds created by bells, chimes, or carillons not operating for more than five (5) minutes in any one (1) hour;

2. Unamplified sounds originating from officially sanctioned parades and other public events;

3. Sounds created by the discharge of firearms on legally established shooting ranges;

4. Sounds created by blasting; and

5. Sounds originating from forest harvesting and silviculture activity and from commercial agriculture, if the receiving property is located in a residential district of the City. The Administrator is authorized to promulgate regulations which that extend the hours during which this exemption shall be is in effect to conform with operating laws designated by the Washington State Department of Natural Resources in directing an official fire closure.

Section 32. Section 25.08.545 of the Seattle Municipal Code, which Section was last amended by Ordinance 108498, is amended as follows:

25.08.545 Sounds exempt during daytime hours-Aircraft testing and maintenance.

Sounds created by the testing or maintenance of aircraft, or of components of aircraft, are exempt from the provisions of this chapter between the hours of seven (7:00) a.m. and ten (10:00) p.m. on weekdays and between nine (9:00) a.m. and ten (10:00) p.m. on weekends and legal holidays, when performed according to the following instructions:

A. Testing and maintenance for any aircraft or component not connected thereto shall be performed at an airport designated as such by the Federal Aviation Administration prior to April 1, 1979, or designated as such by the Administrator at any time.

B. If the testing or maintenance is performed at the King County International Airport, the aircraft or component shall be entirely within the ultimate airport property line as shown on the map entitled "King County International Airport Airport Layout Plan" (prepared December 1, 1976, revised October 10, 1978), and at areas designated by the Airport Manager:). It is intended that this map be the reference map regardless of any future changes, provided that the Administrator may grant exceptions to this subsection for good cause shown. A copy of the King County International Airport Layout Plan Map is on file in the City Clerk's office (C.F. 288269), at the office of the Airport Manager of the King County International Airport, and at the Planning and Research Department of the Port of Seattle.

Section 33. Section 25.08.550 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.550 Sounds exempt from nighttime reduction.

The following sounds are exempt from the provisions of Section 25.08.420.A:

A. Sounds created by existing stationary equipment used in the conveyance of water by a utility; and

B. Sounds created by existing electrical substations. ;

C. Sounds created by sources in industrial districts which, over the previous three (3) years, have consistently operated in excess of fifteen (15) hours per day as a demonstrated routine or as a consequence of process necessity; provided that such exemption shall only extend to five (5) years after the effective date of the ordinance codified in this chapter.<1> Changes in working hours or activity which would increase the noise emitted under this exemption require the approval of the Administrator, given under rules adopted in accordance with the Administrative Code.<2>

Section 34. Section 25.08.560 of the Seattle Municipal Code, which Section was last amended by Ordinance 110047, is amended as follows:

25.08.560 Application--Generally.

Any person who owns or is in possession of any property or use, or any process or equipment, may apply to the Administrator for a variance granting relief from the requirements of any provision of this chapter other than Section Sections 25.08.500 or 25.08.505, or from the rules or regulations promulgated hereunder governing the quality, nature, duration or extent of discharge of noise. In a proper case, thea variance may apply to all sources of a particular class or type. The application shall be accompanied by such information and data as the Administrator may require. In accordance with the Administrative Code, SMC Chapter 3.02, the Administrator shall promulgate rules and regulations governing application for and granting of such variances , including hearings and notice.

Section 35. Section 25.08.580 of the Seattle Municipal Code, which Section was last amended by Ordinance 107377, is amended as follows:

25.08.580 Discretion of Administrator.

A variance or its renewalextension shall not be a right of the applicant or holder thereof but shall be at the reasonable discretion of the Administrator.

Section 36. Section 25.08.590 of the Seattle Municipal Code, which Section was last amended by Ordinance 107377, is amended as follows:

25.08.590 Granting of variance.

A. No variance shall be granted pursuant to Sections 25.08.560 through 25.08.620 until the Administrator has considered the relative interests of the applicant, other owners or possessors of property likely to be affected by the noise, and the general public.

B. A technical, or economic, or major public project construction variance may be granted only after notice and an opportunity for public comment. For technical or economic variances proposed for more than two weeks and for major public project construction variances, a public meeting is also required, in accordance with rules adopted by the Administrator a public hearing on due notice.

C. The Administrator may grant a variance, if he the Administrator finds that:

A.1. The noise occurring or proposed to occur does not endanger public health or safety; and

B.2. The applicant demonstrates that the criteria required for the temporary, technical or economic variance under Sections 25.08.610 through 25.08.630 are met .;and

3. For temporary variances, if the scale and duration of the requested relief is more appropriate for a temporary variance than a technical, economic, or major public project construction variance.

D. Noise Management and Mitigation Plan. As part of the application for a variance, an applicant must submit a Noise Management and Mitigation Plan to be approved by the Administrator. A Noise Management and Mitigation Plan must contain the following components, except that the Administrator may modify the required components for a temporary noise variance as the Administrator determines appropriate to fit the circumstances surrounding the requested temporary variance:

1. A description of the exterior sound level limits of the chapter expected to be exceeded, estimates of the amount(s) by which these levels are expected to be exceeded and by what equipment, the exterior sound level limits that will be in effect during the variance, the time periods during which the pre-variance exterior sound level limits may be exceeded, and the expected sources of the sound during each of the time periods (e.g., types of equipment or activity causing the exterior sound level limits to be exceeded);

2. Measures and provisions to be taken to avoid exceeding the exterior sound level limits of this chapter;

3. Provisions to mitigate sounds that exceed the exterior sound level limits and that cannot otherwise be avoided.

4. A process for informing the public in the affected areas about the provisions of the variance.

E. The Administrator may impose conditions, including but not limited to conditions relating to types of equipment, hours of use, and duration, to mitigate the adverse impacts of granting the variance. The Administrator may also include conditions proposed by the applicant as part of the variance application. Compliance with the Noise Management and Mitigation Plan approved by the Administrator is a condition of every variance.

F. A temporary variance shall be effective on the effective date stated on the variance form. Any other variance shall be effective 30 days following the mailing of the decision granting the variance, unless it is appealed to the Hearing Examiner, in which case the effective date is the date of the Hearing Examiner's written decision on the appeal.

Section 37. Section 25.08.600 of the Seattle Municipal Code, which Section was last amended by Ordinance 107377, is amended as follows:

25.08.600 Renewal Extension of variances.

A. Technical, economic and major public project construction variancesVariances, except temporary variances, granted pursuant to this chapter may berenewed extended on terms and conditions and for periodswhich that would be appropriate on the initial granting of a variance. Norenewal extension of a technical, economic or major public project construction variance shall be granted except on application made at least sixty (60) days prior to the expiration of the variance and after public notice in accordance with rules adopted by the Administrator.

B. Temporary variances may not be extended, but more than one temporary variance may be granted on a project.

Section 38. Section 25.08.610 of the Seattle Municipal Code, which Section was last amended by Ordinance 107377, is amended as follows:

25.08.610 Appeal procedure.

A. Any person aggrieved by the denial, grant approval, or the terms and conditions imposed on the grant of an application for a variance or renewal by the extension of a variance by the Administrator, may appeal such decision to the Hearing Examiner under procedures contained in Subchapter IX by filing an appeal in writing with the Hearing Examiner by 5 p.m. of the tenth day following the date of the issuance of the decision on a variance application. When the last day of the appeal period is a Saturday, Sunday, or federal or City holiday, the appeal may be filed until 5 p.m. on the next business day.

B. In form and content, the appeal shall conform to the rules of the Hearing Examiner.

C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases under the Administrative Code, SMC Chapter 3.02.

D. Appeals shall be considered de novo, and the Administrator's decision on the variance shall be given no deference.

E. The Hearing Examiner may affirm, reverse or modify the Administrator's decision or remand to the Administrator for additional review and analysis.

F. The Hearing Examiner shall issue a written decision within 15 days of the conclusion of the hearing.

G. The decision of the Hearing Examiner is the final decision of the City, and the appellant and the Administrator are bound by the terms and conditions of the Hearing Examiner's decision.

Section 39. A new Section 25.08.615 of the Seattle Municipal Code, is adopted to read as follows:

25.08.615 Revocation of Variance

A. Standards for revocation. Any noise variance may be revoked if:

1. The noise code or the conditions of the variance have been, or are being violated and issuance of a notice of violation or stop work order has been, or would be ineffective to secure compliance because of circumstances related to the violation; or

2. The variance was obtained with false or misleading information.

B. Notice of Revocation. Whenever the Administrator determines there are grounds for revoking a variance, the Administrator may issue a Notice of Revocation.

1. The Notice of Revocation shall identify the reason for the proposed revocation, including the violations, the conditions violated, and/or the alleged false or misleading information provided.

2. The Notice of Revocation shall be served on the owner of the property on which the work is occurring, the holder of the variance, and the person doing or causing the work to be done.

3. The Notice of Revocation shall be served in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail. The Notice of Revocation may also be posted in a conspicuous place on the site. For purposes of this section, service is complete at the time of personal service, or if mailed, three days after the date of mailing. When the last day of the period so computed is a Saturday, Sunday or City holiday, the period runs until 5 p.m. on the next business day.

4. The Administrator shall identify in the Notice of Revocation a date certain on which the revocation will take effect unless review before the Administrator is requested and pursued pursuant to subsection 25.08.615.C.

C. Review by the Administrator.

1. Any person aggrieved by a Notice of Revocation of a noise variance may obtain a review by making a request in writing to the Administrator within three business days of the date of service of the Notice of Revocation.

2. The review shall occur within five business days after receipt by the Administrator of the request for review.

3. Any person aggrieved by or interested in the Notice of Revocation may submit additional information to the Administrator for consideration as part of the review at any time prior to the review.

4. The review will be made by a representative of the Administrator who will review all additional information received and may also request a site visit. After the review, the Administrator may:

a. Sustain the Notice of Revocation and set or modify the date the revocation will take effect;

b. Withdraw the Notice of Revocation;

c. Modify the Notice of Revocation and set or modify the date the revocation will take effect; or

d. Continue the review to a date certain for receipt of additional information.

D. Order of the Administrator.

1. The Administrator shall issue an Order of the Administrator containing the decision within ten days after the review and shall cause the same to be sent by first class mail to the person or persons requesting the review, any other person on whom the Notice of Revocation was served, and any other person who requested a copy before issuance of the Order of the Administrator.

2. The Order of the Administrator is the final order of the City and the City and all parties shall be bound by the Order unless judicial review is sought pursuant to subsection 25.08.615.E.

E. Judicial Review. Any judicial review must be commenced pursuant to RCW 36.70C within 21 days after issuance of the Order of the Administrator.

Section 40. Section 25.08.630 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.630 Temporary variance.

The Administrator may grant a temporary variance, not to exceed fourteen (14) days, for any activity, use, process or equipment which that the Administrator determines, in accordance with rules and regulations, does not annoy a substantial number of the people and does not endanger public health or safety.

Section 41. Section 25.08.640 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.640 Technical variance.

A technical variance may be granted by the Administrator on the ground that there is no practical means known or available for the adequate prevention, abatement or control of the noise involved. Any technical variance shall be subject to the holder's taking of any alternative measures that the Administrator may prescribe. The Administrator shall determine the duration of each technical variance shall be until such practical means for prevention, abatement or control become known or available. The holder of a technical variance , as required by the Administrator, shall make reports to the Administrator, on a schedule prescribed by the Administrator, detailing actions taken to develop a means of noise control or to reduce the noise involved and must relate relating these actions to pertinent current technology.

Section 42. Section 25.08.650 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.650 Economic variance.

An economic variance may be granted by the Administrator on the ground that compliance with the particular requirement or requirements from which the variance is sought will require the taking of measures which that, because of their extent or cost, must be spread over a period of time. The duration of an economic variance shall be for a period not to exceed such reasonable time as is required in the view of the Administrator for the taking of the necessary measures. An economic variance shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to the timetable.

Section 43. A new Section 25.08.655 of the Seattle Municipal Code, is adopted to read as follows:

25.08.655 Major Public Project Construction Variance

A. The Administrator may grant a major public project construction variance to provide relief from the exterior sound level limits established by this chapter during the construction periods of major public projects. A major public project construction variance shall provide relief from the exterior sound level limits during the construction or reconstruction of a major public project only to the extent the applicant demonstrates that compliance with the levels would:

1. Be unreasonable in light of public or worker safety or cause the applicant to violate other applicable regulations, including but not limited to regulations that reduce impacts on transportation infrastructure or natural resources; or

2. Render the project economically or functionally unreasonable due to factors such as the financial cost of compliance or the impact of complying for the duration of the construction or reconstruction of the major public project.

B. A major public project construction variance shall set forth the period or periods during which the variance is effective, which period or periods shall be the minimum reasonably necessary in light of the standard set forth in subsection A, and the exterior sound level limits that will be in effect during the period of the variance. Different major public project construction variances may be issued for distinct phases of a construction project, or one major public project construction variance may be issued for the entire major public project. The period or periods during which a major public project construction variance is effective may be stated in terms of calendar dates or in terms of the duration of a construction project or a phase or phases of a construction project.

C. The Administrator shall condition a major public project construction variance as necessary to provide reasonable control or mitigation of the construction noise that may be expected to occur pursuant to the variance.

D. One-year review and decision.

1. No later than one year after the start of construction to which a major public project construction variance applies, the Administrator shall review, and provide opportunity for public comment on, the operation of the variance during the first year, including the provisions of the Noise Management and Mitigation Plan, and the conditions of the variance. For purposes of determining the date of the start of the project's construction work, site exploration work is excluded.

2. After considering the public comments received, the Administrator may modify the terms and conditions of the variance or the Noise Management and Mitigation plan as needed if the Administrator determines that the current variance, the conditions of the variance, or the Noise Management and Mitigation Plan are not adequately protecting the public health and safety or reasonably controlling or mitigating the construction noise, or that there are more reasonable methods of doing so.

3. The Administrator shall make a decision whether to modify a variance pursuant to this review within one-year and 90 days after the start of construction work as provided in subsection 25.08.655.D.1.

4. Appeal. Any person aggrieved by the decision of the Administrator whether to modify a variance pursuant to this subsection 25.08.655.D may appeal such decision by filing an appeal in writing with the Hearing Examiner by 5 p.m. of the tenth day following the date of the issuance of the decision. When the last day of the appeal period is a Saturday, Sunday, or federal or City holiday, the appeal may be filed until 5 p.m. on the next business day. The Hearing Examiner appeal shall be conducted pursuant to section 25.08.610.

5. Effective date. The decision of the Administrator whether to modify a variance pursuant to this subsection 25.08.655.D is effective 30 days following the decision unless it is appealed to the Hearing Examiner. If the Administrator's decision is appealed to the Hearing Examiner, the Administrator's decision does not take effect and the original terms and conditions of the variance remain in effect until the effective date of the Hearing Examiner decision. The Hearing Examiner decision is a final decision of the City for purposes of RCW 36.70C, and is effective 30 days from the date of the decision, unless otherwise ordered by a court. If a court stays the effective date of the decision, the original unmodified variance shall remain in effect during the stay.

Section 44. Section 25.08.670 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.670 Duties of Administrator.

The duties of the Administrator shall include, but are not limited to:

A. Obtaining assistance from other appropriate City departments and divisions;

B. Training field inspectors;

C. Purchasing measuring instruments and training inspectors in their calibration and use;

D. Promulgating and publishing rules and procedures, in accordance with the Administrative Code, SMC Chapter 3.02, to establish techniques for measuring or reducing noise and to provide for clarification, interpretation, and implementation of this chapter;

E. Investigating citizens' noise complaints;

F. Issuing orders for the reduction or elimination of noise Enforcement of this chapter in accordance with Subchapter IX;

G. Assisting citizens the public and City departments in evaluating and reducing the noise impact of their activities;

H. Assisting City planning officials in evaluating the noise component in planning and zoning actions;

I. Instituting a public education program on noise; and

J. Reviewing at least every three (3) years the provisions of this chapter and recommending revisions consistent with technology to reduce noise.

Section 45. Section 25.08.680 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.680 Measurement of sound.

If the measurements of sound are made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirements for a Type I or Type II instrument, as described in American National Standards Institute Specifications, Section 1.4- 19711983, as it now exists or as hereafter amended. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-19711983, as it now exists or as hereafter amended for Type II instruments.

Section 46. Section 25.08.700 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.700 Receiving properties within more than one district.

Where a receiving property lies within more than one district, the maximum permissible exterior sound levels limits shall be determined by the district within which the measurement is made.

Section 47. Section 25.08.710 of the Seattle Municipal Code, which Section was last amended by Ordinance 110047, is amended as follows:

25.08.710 Right of entry --Administrator.

Upon presentation of proper credentials, and the Administrator, with the consent of the occupant , or with or the consent of the owner of any unoccupied building, structure, property or portion thereof, or pursuant to a lawfully issued warrant, the Administrator or the Administrator's designee may enter at all reasonable times, any building, structure, property or portion thereof to inspect the same whenever necessary to make an inspection to enforce or determine compliance with the provisions of this chapter. over which he has enforcement responsibility or whenever he has cause to believe that a violation of any provision of this chapter other than Section 25.08.500 has been or is being committed; provided, if If the building, structure, property or portion thereof is unoccupied, the Administrator shall, except in case of emergency first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and demand request entry. If the Administrator is unable to locate the owner or such other persons and he has reason to believe that conditions therein create an immediate and irreparable health hazard, then he shall make entry.

Section 48. A new Section 25.08.720 of the Seattle Municipal Code, is adopted to read as follows:

25.08.720 Stop Work Order

A. Stop Work Order. A Stop Work Order may be issued whenever a violation of this Code or a violation of the conditions of a variance threatens the health or safety of the public or materially impairs the Administrator's ability to secure compliance with this Code.

1. The Stop Work Order must specify the violation and may prohibit all or any work or other activity at the site that is a cause of the code violation or the violation of the variance condition.

2. The Administrator may serve the Stop Work Order by posting it in a conspicuous place at the site, if posting is physically possible. If posting is not physically possible, then the Stop Work Order may be served in the manner set forth in RCW 4.28.080 for service of a summons or by sending it by first class mail to the last known address of: the property owner(s), the person(s) doing or causing the work to be done, and the holder of any variance if work is being stopped on a variance. For purposes of this section, service is complete at the time of posting or of personal service, or if mailed, three days after the date of mailing. When the last day of the period so computed is a Saturday, Sunday or City holiday, the period runs until 5 p.m. on the next business day.

3. A Stop Work Order is effective when posted, or if posting is not physically possible, when one of the persons identified in subsection 25.08.720.A.2 is served.

B. Review by the Administrator.

1. Any person aggrieved by a Stop Work Order may obtain a review of the Stop Work Order by delivering to the Department a request in writing within two business days of the date of service of the Stop Work Order.

2. The review shall occur within two business days after receipt by the Administrator of the request for review unless the requestor requests or agrees to a longer time.

3. Any person aggrieved by or interested in the Stop Work Order may submit additional information to the Administrator for consideration as part of the review at any time prior to the review.

4. The review will be made by a representative of the Administrator who will review all additional information received and may also request a site visit. After the review, the Administrator may:

a. Sustain the Stop Work Order;

b. Withdraw the Stop Work Order;

c. Modify the Stop Work Order; or

d. Continue the review to a date certain for receipt of additional information.

C. Order of the Administrator. The Administrator shall issue an Order of the Administrator containing the decision within two business days after the review and shall cause the same to be sent by first class mail to the person or persons requesting the review, any person on whom the stop work order was served, and any other person who requested a copy before issuance of the Order. The City and all parties shall be bound by the Order.

Section 49. Section 25.08.730 of the Seattle Municipal Code, which Section was last amended by Ordinance 110047, is amended as follows:

25.08.730 Notice of Violationand order.

A. Unless provided otherwise In addition to other remedies provided by this chapter or by law, whenever the Administrator has reason to believe that anmaximum permissibleexterior sound levelof Subchapter III limit established by this chapter is being or has been exceeded, that a public nuisance noise is being emitted, or that the terms of a variance have not been met or are being violated, or that any other provision of this chapter that the Administrator is authorized to enforce is being violated, he the Administrator may initiate an administrative proceeding as provided by Subchapter IX, and serve issue a written notice of violation and order directed to the owner or operator of the source, or to the holder of the a variance. One (1) copy shall also be posted on the property or source, if reasonably possible, and another copy shall be mailed to each complainant (if any) about the noise; additional copies may be mailed by the Administrator to such other interested or affected persons as the Administrator deems appropriate.

B. The notice of violation shall contain a brief and concise description of the conditions alleged to be in violation or to be a public nuisance noise, the provision(s) of this Chapter alleged to have been violated, the sound level readings, if taken, including the time and place of their recording, . C. The order shall contain a statement of the corrective action required, and if applicable, shall specify a reasonable time for correction within which the action must be accomplished.

C. Nothing in this section shall be deemed to limit or preclude any action or proceeding to enforce this chapter, and nothing shall be deemed to obligate or require the Administrator to issue a notice of violation prior to the imposition of civil or criminal penalties.

Section 50. Section 25.08.740 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.740 Method of service Service, Mailing and Posting of Notice.

Service of the The notice of violation and order shall be served made upon the persons responsible for the condition or violation by personal service named in the notice and order, either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt requested first class mail, to each person at his the person's last known address. If the whereabouts of the persons address of the responsible person is unknown and cannot be found after a reasonable search, ascertained by the Administrator in the exercise of reasonable diligence, and the Administrator shall make affidavit to that effect, then the service of the notice and order upon the persons may be made served by posting a copy of the notice of violation at a conspicuous place on the property where the violation occurred. by publishing them once each week for two (2) consecutive weeks in the City official newspaper. The failure of any such person to receive the notice and order shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of mailing. If a notice of violation is directed to a person responsible for the violation who is not the owner of the property where the violation is occurring, a copy of the notice of violation may be sent to the owner of the property.

Section 51. Section 25.08.760 of the Seattle Municipal Code, which Section was adopted by Ordinance 106360, is amended as follows:

25.08.760 Review by the Administrator Administrative conferences.

A. Any person significantly affected by or interested in a notice of violation issued by the Administrator pursuant to this chapter may obtain a review of the notice by requesting such review within ten days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or City holiday, the period shall run until 5 p.m. on the next business day. The request shall be in writing, and upon receipt of the request, the Administrator shall notify any persons served the notice and the complainant, if any, of the request for review and the deadline for submitting additional information for the review. Additional information shall be submitted to the Administrator no later than 15 days after the notice of a request for a review is mailed, unless otherwise agreed by all persons served with the notice. Before the deadline for submission of additional information, any person significantly affected by or interested in the notice (including any persons served the notice and the complainant) may submit any additional information in the form of written material or oral comments to the Administrator for consideration as part of the review.

B. The review will be made by a representative of the Administrator who is familiar with the case and the applicable ordinances. The Administrator's representative will review all additional information received by the deadline for submission of additional information. The reviewer may also request clarification of information received and a site visit. After review of the additional information, the Administrator may:

1. Sustain the notice;

2. Withdraw the notice;

3. Continue the review to a date certain for receipt of additional information; or

4. Modify the notice, which may include an extension of any compliance date.

An informal administrative conference may be conducted at any time by the Administrator for the purpose of bringing out all the facts and circumstances relating to an alleged violation, promoting communication between concerned parties, and providing a forum for efficient resolution of a violation. The Administrator may call a conference in response to a request from any person aggrieved by an order of the Administrator or the Administrator may call a conference on his own motion. Attendance at the conference shall be determined by the Administrator and need not be limited to those named in a notice and order. As a result of information developed at the conference, the Administrator may affirm, modify or revoke his order. The holding of an administrative conference shall not be a prerequisite to use of any other enforcement provisions contained in this chapter.

Section 52. A new Section 25.08.765 to the Seattle Municipal Code, is adopted to read as follows:

25.08.765 Order of the Administrator

A. Where review by the Administrator has been conducted pursuant to Section 25.08.760, the Administrator shall issue an order of the Administrator containing the decision within fifteen days of the date the review is completed and shall cause the same to be mailed by regular first class mail to the person or persons named in the notice of violation and mailed to the complainant, if any.

B. Unless a request for review before the Administrator is made pursuant to Section 25.08.760, the notice of violation shall become the order of the Administrator.

C. Civil actions to enforce orders of the Administrator are brought in Seattle Municipal Court and are not subject to judicial review pursuant to chapter 36.70C RCW.

Section 53. Section 25.08.800 of the Seattle Municipal Code, which Section was last amended by Ordinance 114656, is amended as follows:

25.08.800 Punishment. Civil Enforcement and Criminal Penalties

A. Conduct made unlawful by Subchapter IV, Section 25.08.515 and Section 25.08.520 of this chapter shall constitute a violation subject to the provisions of Chapters 12A.02 and 12A.04 of this Code (Seattle Criminal Code) and any person convicted of a violation of Subchapter IV or Section 25.08.520 shall be punished by a civil fine or forfeiture not to exceed Five Hundred Dollars ($500); conduct made unlawful by Section 25.08.515 shall be punished by a civil fine or forfeiture not to exceed Fifty Dollars ($50).

B. Civil Penalties. In addition to any other remedy authorized by law or equity, and except for violations of Sections 25.08.500, 25.08.505, 25.08.515, and Subchapter IV, any person violating or failing to comply with any requirement of this chapter or order issued by the Administrator shall be subject to a cumulative civil penalty of up to $1,300 per day for each day that the violation or failure to comply continues. Alternatively, for violations of Sections 25.08.410, 25.08.420, and 25.08.425, the Administrator may follow the citation process in Sections 25.08.900-25.08.970.

B. Crime. Conduct made unlawful by Section 25.08.500 of this chapter shall constitute constitutes a crime subject to the provisions of Chapters 12A.02 and 12A.04 of this Code (Seattle Criminal Code), except that absolute liability shall be imposed for such a violation, and none of the mental states described in Section 12A.04.030 need be proved, and any person convicted thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500), or by imprisonment in the City Jail for a term not to exceed six (6) months, or by both such fine and imprisonment.

C. Penalties for other violations.

1. Conduct made unlawful by Section 25.08.515 shall be punished by a civil fine or forfeiture not to exceed $50.

2. Conduct in violation of Subchapter IV of this chapter shall be punished by a civil fine or forfeiture not to exceed $500.

D. Alternative criminal penalty. As an alternative to the civil penalties provided in this section the Administrator may request that violations of or failure to comply with this chapter or orders issued by the Administrator be prosecuted criminally. In such case, any person who violates or fails to comply with an order issued by the Administrator or any of the provisions of this chapter except for Sections 25.08.500, 25.08.505, 25.08.515, and Subchapter IV, shall be guilty of a gross misdemeanor subject to the provisions of Chapter 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation or failure to comply, and none of the mental states described in Section 12A.04.030 need be proved. Any person convicted thereof shall be punished by a fine not to exceed $5,000 or by imprisonment in the City Jail for a term not to exceed one year, or by both such fine and imprisonment.

E. Each day a violation continues and each occurrence of a prohibited activity shall be deemed a separate offense.

Section 54. Section 25.08.820 of the Seattle Municipal Code, which Section was last amended by Ordinance 121192, is amended as follows:

25.08.820 Penalties cumulative.

The penalties imposed by Sections 25.08.800, 25.08.805, and 25.08.960 and 25.08.810 shall be are in addition to any other sanction or remedial injunctive procedure which that may be available at law or equity.

Section 55. Section 25.08.960 of the Seattle Municipal Code, adopted by Ordinance 122614, is amended as follows:

25.08.960 Citation Penalties.

A person or entity found to have violated Sections 25.08.410, 25.08.420, 25.08.425 or 25.08.501 and to whom a citation was issued, is subject to a penalty according to the following schedule.

Section 57. Sections 25.08.130, 25.08.240, 25.08.535, 25.08.620, 25.08.750, 25.08.770, 25.08.780, 25.08.790, and 25.08.810 of the Seattle Municipal Code are hereby repealed.

Section 58. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 59. This ordinance shall take effect and be in force on whichever is the later of: (a) the effective date of approval of the amendments in this ordinance by the Washington State Department of Ecology, which date is no later than ninety days after submittal to the Department of Ecology; or (b)(i) thirty (30) days from and after approval by the Mayor or, (ii) if not approved and returned by the Mayor within (10) days after presentation, then as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2009, and signed by me in open session in authentication of its passage this _____ day of __________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2009.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2009.

____________________________________

City Clerk

(Seal)

Gordon Clowers/gc/Bob Morgan/bm/Rebecca Herzfeld

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