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Ordinance No.2245 Page 29 of 37 monofilament netting is specifically prohibited. (Address this condition during construction) 83. SWPPP REPORTING: Copies of any monitoring and/or sampling reports required by the stormwater pollution prevention plan (SWPPP) and submitted by the Legally Responsible Person (LRP) to the State of California's SMARTS database shall also be submitted to the City of Pleasanton inspector assigned to the project. The LRP shall also submit to the City a copy of the required Annual Report no later than September 1 of each year that construction is active or when erosion control features have been deployed. The report must include a summary of all sampling and analysis performed (Risk Levels 2 and 3 only), a log of all inspections performed including Rain Event Action Plans (REAP), a summary of any required corrective actions taken, and a summary of any violations. (Address this condition during construction) 84. DUST CONTROL: Dust control measures must be employed during all phases of construction to prevent airborne nuisance to neighboring properties. All stockpiles or unused materials that can create dust shall be covered or removed. Exposed soil areas shall be routinely watered until surfacing materials or landscaping is installed. Use of dust palliatives shall conform to Caltrans Standard Specification Section 18. Any damage caused by airborne dust to neighboring properties shall be cleaned with costs paid by the applicant. If the applicant fails the address dust as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant's property. (Address this condition during construction) 85. PROPERTY NUISANCE: At no time during construction of the project shall the condition of the property become a nuisance as defined in Pleasanton Municipal Code §9.28.020. The City shall have the right to inspect the property for conditions that violate the code standard. If a nuisance is found, the applicant shall immediately submit a plan of correction. Depending on the severity of the nuisance, the City may suspend all construction work until the condition is corrected. Any of the following conditions shall be considered severe: Leaking chemicals that can cause environmental damage; open excavations or any excavation deeper than approximately four feet that lacks proper shoring; unsecured materials that can fall to the ground causing damage or injury; open or exposed utilities that could cause electrical shock or contamination of sewer, potable water systems, groundwater wells, or storm drainage networks. If the applicant fails the address the nuisance as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant's property. (Address this condition during construction) 86. NOISE: Construction noise is regulated under Pleasanton Municipal Code Chapter 9.04. Noise is prohibited outside of the hours of 8 a.m. and 8 p.m. daily except Sundays and holidays when noise is prohibited outside the hours of 10 a.m. and 6 p.m. Noise is defined as a level exceeding 83 dBA at a distance of approximately 25 feet or 86 dBA at any point beyond the boundary of the property under construction. If the applicant fails the address the noise as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant's property. Exceptions to these regulations require a special permit granted by the City for circumstances when strict compliance would be impractical or unreasonable, and contingent upon proper noticing to surrounding property owners that includes the dates and times when noise levels will be exceeded