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Permit delays curb after-hours construction noise
by Jason Dietrich
Harsher penalties on construction crews working early in the morning and late at night have reduced the number of violators and the amount of after hours construction noise. But some contractors say the punishment is too harsh.
Ben Agarwald of Agar Inc., a Redondo Beach construction company, argued that some sub-contractors could be unfairly put out of work because other subcontractors didn't follow the rules.
Frank Bostrom, a Redondo Beach builder who said he helped draft the current noise ordinance, agreed that construction times should be regulated. But slowing down the pace of a construction job just means neighbors have to put up with it longer, he said.
"Construction is always temporary. So if you've got a source of aggravation, and you prolong the process, you're just prolonging the aggravation. If you suspend things for seven days they just come back where they left off and start making noise again," Bostrom said.
He also noted that the end buyer is likely to foot the bill for the cost of any hold ups in construction.
"The question that comes up is: If I can't get an inspection, my costs are going to start to rise. What do I do if I can't deliver to the building owner at the price we agreed on? Either I have to charge more money or I walk. Everything in construction gets passed on the home owner," Bostrom said.
Nevertheless, at their meeting last week, the city council decided to continue with its stepped-up enforcement program. City inspectors have been working overtime to keep contractors and sub-contractors abiding by the rules. Construction work repeatedly occurring outside approved work hours can result in the closing of the construction site.
"When the contractors who I know in other cities get hit with penalties like this they start hollering," said Councilman Gerard Bisignano.
Prior to the city council's taking up the noise issue at Councilman Kevin Sullivan's behest, contractors who were working before or after hours would be cited by the police under the noise ordinance. The noise ordinance is the same part of the city code that fines late night partiers or owners of barking dogs.
In May, city inspectors started visiting construction sites early in the morning, in the evening and on weekends to make sure that no work was being carried out after hours. Contractors found working outside the permitted times were given a warning. A second offense on the same site caused the city to suspend the services of their building inspectors for seven days.
Building inspections are needed by contractors at several stages in the construction process. Depending on the stage of construction, a seven-day delay in the inspection process might not inconvenience a builder very much. But if a project is in escrow while waiting for a deal to close, the lack of a final inspection could complicate the sale.
As of June 1, the warning step was dropped. Those found working outside of the allowed times have had their inspections held up for seven days. A second violation on the same site results in suspension of the building permit for seven days. Without a building permit, construction is not allowed. Repeated violations result in an indefinite suspension, a revocation of the permit or possible prosecution by the City Attorney's office.
"We are not trying to punish anyone. We are trying to make sure that contractors follow the rules," said Steve Huang, director of Redondo's Engineering Department.
In May, the city issued 34 citations for construction noise violations. The number of violations in June dropped to a handful. Since the new rules went into effect, no one has gotten two violations at one location. City staff now warn anyone who pulls a permit to remodel or build a building not to work before 7 a.m. or after 6 p.m. on weekdays, to only work between 9 a.m. and 5 p.m. on Saturdays and not to work on Sundays or holidays. Construction sites also must have signs at each gate stating the construction hours.
Bostrom said that educating construction workers to abide by the rules and be civil is the best way to deal with construction noise issues, he said. ER