Under Benicia’s municipal code, it’s perfectly legal to hammer and saw away from 7 a.m. until 10 p.m. But Benicia City Council will start discussions Tuesday that may change those hours.

The city has some of the more liberal construction hours, interim Community Development Director Dan Marks wrote in a report to City Manager Brad Kilger.

While the department hasn’t been keeping a record of calls about construction, he wrote that such inquiries are routine, averaging about one or two a week from those asking about the rules or calling to complain.

“At the time of permit issuance, contractors and property owners are informed of construction hours,” Marks wrote. However, contractors also are encouraged to talk with those who live near where the construction work will take place, he added.

The matter was aired beginning Oct. 28, 2014, the first of a series of hearings and appeals of construction at 1035 West K St. Neighbors told the Council of their concerns about noise from construction of new homes that could continue for several years, depending on when lots were sold and developed, Marks wrote.

“The neighbors indicated that noise in the early morning and evening hours, especially until 10 p.m. and on weekends, would significantly disturb their peace and well-being,” he wrote.

Construction hours in Fairfield are identical to Benicia’s, he wrote, and Suisun’s hours are the same most days, though are limited to 8 a.m. to 10 p.m. on Sundays.

Other communities have more restrictive hours, he wrote. Construction can take place from 7 a.m. to dusk Mondays through Saturdays in Vacaville; 7 a.m. to 6 p.m. Mondays through Saturdays, except holidays, in Vallejo; 7:30 a.m. to 6 p.m. Mondays through Fridays and 8 a.m. to 5 p.m. Saturdays in Concord; 7 a.m. to 7 p.m. Mondays through Fridays and 9 a.m. to 5 p.m. Saturdays, Sundays and holidays in Martinez; 7:30 a.m. to 7 p.m. Mondays through Fridays and 9 a.m. to 6 p.m. Saturdays and Sundays in Pleasant Hill; and 7 a.m. to 6 p.m. Mondays through Fridays, excluding holidays, in Walnut Creek.

Some cities have additional provisions regarding emergency work, Marks added.

Before Benicia makes any changes to its code, the Council has several elements to consider, he wrote. He recommended the panel reach out to those with interests in the industry as well as others in the community before any amendment is crafted. Among the points he urged the Council to consider is whether hours should vary by zoning district, perhaps leaving the hours as-is in industrial areas but reducing them in residential areas.

Other considerations, he wrote, are construction hours that balance the interests of property owners who want expeditious improvements made and the rights of neighbors to enjoy their property peacefully; how special or unusual circumstances should be handled; and whether hours should be modified further on weekends.

Since the city code isn’t part of the zoning ordinance, Marks wrote, the matter isn’t under Planning Commission purview, but since it relates to development he has suggested that commission conduct a public hearing on the changes and weigh in before the matter is decided by the Council.

At Tuesday’s meeting, the Council will be asked to determine whether staff should begin action that could lead to the proposed amendment of the Benicia Municipal Code.

The Council will meet in a closed session at 6 p.m. Tuesday to consider legal and personnel matters. The regular meeting will start at 7 Tuesday night in the Council Chamber of City Hall, 250 East L St.

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