Butte County Municipal Code Art. III Administration and Enforcement

The administration of this chapter is vested in the Butte County Department of Development Services Director. The Director shall be responsible for:

(a) Employing individuals trained in acoustical engineering or an equivalent field to assist in the administration of this chapter;

(b) Training field inspectors;

(c) Procuring measuring instruments and training inspectors in their calibration and operation;

(d) Conducting a public education program in all aspects of noise control;

(e) Coordinating the noise control program with other governmental agencies.

(Ord. No. 4053, § 1, 3-26-13)

One (1) year following adoption of this noise ordinance, and every three (3) years thereafter, the Director of Development Services shall evaluate the effectiveness of the noise control program in Butte County and hold a workshop with the Planning Commission to review staff's findings. The Planning Commission shall make recommendations to the Board of Supervisors for any needed improvements.

(Ord. No. 4053, § 1, 3-26-13)

(a) The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the Director of Development Services for an Exemption Request from the provisions thereof. The application shall set forth all actions taken to comply with this chapter, the reasons why immediate compliance cannot be achieved, a proposed method for achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee as set forth in the Butte County Master Fee Schedule. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one (1) application. Upon receipt of said application and fee, the Director of Development Services shall refer the application within ten (10) days to the Zoning Administrator.

(b) Upon receipt of an application for an Exemption Request, the Zoning Administrator shall schedule a public hearing, to be conducted within sixty (60) days of receipt of the application.

(c) The Zoning Administrator may deny the application for an Exemption Request, may grant an Exemption Request, or may refer any Exemption Request to the Planning Commission for review. An Exemption Request may be for a limited period and may be subject to any other terms, conditions and requirements as the Zoning Administrator or Planning Commission may deem necessary to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on noise levels and operating hours.

(d) Each Exemption Request shall set forth the approved method of achieving maximum compliance and a time schedule for its accomplishment. The Zoning Administrator or Planning Commission shall consider the magnitude of nuisance caused by the offensive noise, the uses of property within the area affected by the noise, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of equipment, and the general public interest and welfare.

(e) In deciding whether to grant an Exemption Request, the Zoning Administrator or Planning Commission shall consider all facts relating to whether strict compliance with the requirement of this chapter will cause practical difficulties, unnecessary hardship or unreasonable expense and any other relevant considerations.

(f) The Zoning Administrator or Planning Commission shall render a decision within thirty (30) days of completion of the hearing. The decision of the Zoning Administrator or Planning Commission shall be transmitted to the applicant and to the Director of Development Services.

(Ord. No. 4053, § 1, 3-26-13)

(a) Within ten (10) days following the decision of the Zoning Administrator on an application for an Exemption Request, any person, including the Director of Development Services, may appeal the decision to the Planning Commission. Within ten (10) days following the decision of the Planning Commission on an application for an Exemption Request, any person, including the Director of Development Services, may appeal the decision to the Board of Supervisors. All appeals shall be filed and processed in accordance with Butte County Code Section 24-267, Filing and Processing of Appeals.

(b) Within ten (10) days following receipt of a notice of appeal following the decision of the Planning Commission, the Development Services Department shall forward to the Board of Supervisors copies of the application for an Exemption Request and all papers and exhibits concerning said application received by the Zoning Administrator and Planning Commission and their decisions thereon. Any person may file with the Board of Supervisors written arguments in favor of or against said decisions.

(c) The Clerk of the Board of Supervisors shall give notice of the date set for hearing of the appeal in the same manner as was done for the initial public hearing. The notice shall be mailed and/or published at least ten (10) days prior to the hearing date.

(d) Within thirty (30) days following conduct of the hearing before the Board of Supervisors, the Board shall affirm, modify or reverse the decisions of the Zoning Administrator and Planning Commission. In deciding the appeal, the Board of Supervisors shall evaluate the Exemption Request using the criteria set forth in section 41A-16 (d) and (e). The Board of Supervisors shall make its decision de novo, but may also direct the Zoning Administrator or Planning Commission to conduct further proceedings on said application.

(Ord. No. 4053, § 1, 3-26-13)

To determine whether there is a violation of this chapter, the County must receive a complaint. The County will review the complaint in accordance with Butte County Code Chapter 41, Code Enforcement, and may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter. If the Department of Development Services has reason to believe that any provision(s) of this chapter has been violated, it shall cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted and the time and place of their detection, and shall include an order that corrective action be taken within a specified time. If corrective action is not taken within such specified time or any extension thereof approved by the Department of Development Services, the Department shall commence the enforcement process specified in chapter 41. Upon conviction, the violation shall constitute an infraction, pursuant to Butte County Code Section 41-2, Enforcement Procedures. It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining the noise level or the ambient noise level. Such cooperation shall include, but is not limited to, the shutting off or quieting of any noise source so that an ambient noise level can be measured or alternatively the turning on or starting of any noise source that is alleged to exceed standards.

(Ord. No. 4053, § 1, 3-26-13)

If the Department of Development Services has reason to believe a violation has occurred and the violation is not corrected through the written notice process, any costs incurred in pursuing the subsequent enforcement process may be recovered from the violator.

If the Department of Development Services does not have reason to believe a violation has occurred, the cost of the first investigation shall be borne by the County. Any costs incurred in investigating subsequent complaints that are determined not to be a violation shall be borne by the complainant.

(Ord. No. 4053, § 1, 3-26-13)

(a) Provisions of this chapter are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other action, proceedings or remedies provided by law.

(b) Any violation of the provisions of this chapter shall be, and the same is declared to be unlawful and a nuisance, and the duly constituted authorities of the County shall, upon order of the Board of Supervisors, immediately commence actions or proceedings for the abatement or enjoinment thereof in the manner provided by law and shall take such steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate such nuisance.

(Ord. No. 4053, § 1, 3-26-13)