The City Council unanimously adopted on Wednesday a resolution that establishes penalties for construction activity occurring outside of posted hours.

According to the Oct. 1 City Council staff report, any contractor, subcontractor, property owner, or other responsible party who is involved with or allows construction activity outside the posted hours will be fined.

The fine structure is as follows: $1,000 for the first offense; $5,000 for the second offense; and for the third and subsequent offenses, a stop-work order will be issued, halting all construction activity for seven consecutive calendar days.

John Hanson, the city building official, clarified that the fines apply to the whole project, not just the specific home under construction.

Resident Albert McKimmie questioned the fairness of the construction fines and their effect on police resources. Living near Parkview Preserve and the Golden Gem water reclamation facility, which are both currently under construction, he asked if there will be exemptions for some people and not for others, including the city itself.

“All I see is a city trying to stamp everything so that they’re in control and the things that they really need to be in control of, like dumping demolition rubble into ponds, which constitutes criminal activity by the city itself,” McKimmie said. “You turn a blind eye. You’re hypocrites.”

Resident Rod Olsen asked about the current policy on fines and the rationale for the new resolution. In response, Hanson said that the new resolution aims to enforce approved construction hours more strictly.

“We just want to give the three strikes and you’re out, start with $1,000,” Hanson said. “There are no warnings anymore. I mean, first time it’s boom, $1,000; second time, the $5,000. And then we shut them down for the week after that.”

In reference to McKimmie’s comments, Vice Mayor Diane Velazquez asked Hanson if the city is subject to the same rules.

“He’s the neighbor of Golden Gem (Pond),” Velazquez said. “Do these rules apply to us as the city at Golden Gem?”

Hanson said that while he hasn’t received complaints about city projects violating construction hours, the rules apply to everyone unless he and interim city administrator Radley Williams specifically grant permission for exceptions, such as early morning concrete pours. These exceptions are approved in advance and made public.