Hawaiian Gardens Municipal Code Ch. 9.29 Noise Control

A. In order to control necessary, excessive and annoying sounds emanating from any source within the City, it is declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter.

B. It is determined that certain noise levels are detrimental to the public health, welfare, and safety and contrary to public interest; therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause any noise in a manner prohibited by, or not in conformity with the provisions of this chapter, is a public nuisance and shall be punishable as such.

C. It is the policy of the City to identify the sensitivity of the various land uses to noise, and to establish acceptable noise standards and criteria consistent with health and quality of life goals.

D. It is the policy of the City to pursue vigorous enforcement of existing laws relative to noise, and to establish quantitative laws that will be more clearly understood and enforceable.

E. In adopting this chapter, the City is aware of the areas of noise control which are preempted by other jurisdictions. Enforcement of these areas is understood by the City to be restricted, in addition to other limitations, by the following:

1. Local noise control of motor vehicles operating on public rights-of-way is preempted by State and Federal laws and regulations. However City enforcement of these laws will continue under existing laws and regulations, in order to curtail the use of vehicles equipped with illegal or faulty exhaust systems and "hot rods" exhibiting tire squeals or excessive exhaust noise (Sections 23130, 23130.5, 27150 et seq., 27200 et seq., and 36275 of the California Vehicle Code).

2. Noise in occupational environments is controlled by the California Department of Industrial Relations, whose Division of Industrial Safety enforces the 1973 California Occupational Safety and Health Act (CalOSHA).

(Ord. 434 § 2, 1996)

The provisions of this chapter shall be enforced jointly by the Chief of Police or Los Angeles County Sheriff's Department and the Director of Planning and Community Development or their designees.

(Ord. 483 § 2, 2003; Ord. 434 § 2, 1996)

The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:

Ambient noise level means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

City enforcement officer means any authorized employee or designee of the Chief of Police, Los Angeles County Sheriff's Department or Community Development Director.

Commercial property means a parcel of real property which is developed and used either in part or in whole for commercial purposes including, but not limited to, retail and wholesale businesses, professional offices, and transient uses such as hotels and motels.

Cumulative period means an additive period of time composed of individual time segments which may be continuous or interrupted.

Decibel (db) means a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power are ten times the logarithm to the base ten of this ratio.

Emergency machinery, vehicle, warning device, or work shall mean any machinery, vehicle, device, or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.

Fixed noise sources means a stationary device which creates sounds while fixed or motionless, including but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.

Grading means any excavating or filling of earth material, or any combination thereof, conducted to prepare said site for construction or the placement of the improvements thereon.

Impact noise means the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.

Industrial property means a parcel of real property which is developed and used in part or in whole for manufacturing purposes including research and development uses.

Mobile noise sources means any noise source other than a fixed noise source.

Noise level means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 microPascals (microNewtons per square meter). The unit of measurement shall be designated as db(A).

Nuisance means an activity which affects at the same time a community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.

Person means a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature.

Public and quasi-public institutions means a parcel of real property which is developed and used either in part or in whole for governmental, educational, recreational, religious or social purposes.

Residential property means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels or motels.

Simple tone noise means a noise characterized by a frequency or frequencies so that other frequencies cannot be readily distinguished.

Sound pressure level of a sound, in decibels, means 20 times the logarithm to the base of ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.

(Ord. 483 § 3, 2003; Ord. 434 § 2, 1996)

Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute Specifications for sound level meters, S14-1971, or the most recent revision thereof. The location selected for measuring exterior noise levels shall be at any point on the property line of the offender or anywhere on the affected property. Interior noise measurements shall be made within the affected unit. The measurement shall be made at a point in the affected unit at least four feet from the wall, ceiling or floor nearest the noise source.

(Ord. 434 § 2, 1996)

A. The properties hereinafter described, whether within or without the City, are assigned to the following noise zones:

B. Where more than one use is located on a property, the noise zone assigned to the property shall be the noise zone with the more restrictive noise levels.

C. Where a property is vacant, the property shall be located in the noise zone which reflects its underlying zoning district, as shown on the most recent City zoning map. The following table shall apply to all vacant land in the City, as it relates to noise zones:

NOISE ZONES FOR VACANT LAND

(Ord. 434 § 2, 1996)

A. The following noise standards, unless otherwise specifically indicated, shall apply to all real property within a designated noise zone:

EXTERIOR NOISE LEVEL STANDARDS

B. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five db(A).

(Ord. 434 § 2, 1996)

A. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on any residential, public or quasi-public institutional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards:

1. For a cumulative period of more than 30 minutes in any hour;

2. Plus five db(A) for a cumulative period of more than 15 minutes in any hour;

3. Plus ten db(A) for a cumulative period of more than five minutes in any hour;

4. Plus 15 db(A) for a cumulative period of more than one minute in any hour; or

5. Plus 20 db(A) for any period of time.

B. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said categories shall be increased to reflect said ambient noise level. In the event that ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said categories shall be increased to reflect the maximum ambient noise level.

(Ord. 434 § 2, 1996)

A. The following noise standards, unless otherwise specifically indicated, shall apply to all real property within a designated noise zone:

INTERIOR NOISE LEVEL STANDARDS

B. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five db(A).

(Ord. 434 § 2, 1996)

A. It is unlawful for any person at any location within the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential, public institutional, commercial, or industrial property to exceed:

1. The noise standard for a cumulative period of more than five minutes in any hour;

2. The noise standard plus five db(A) for a cumulative period of more than one minute in any hour; or

3. The noise standard plus ten db(A) for any period of time.

B. In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said categories shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise level, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level.

C. In the event that the noise source and the affected property are within different noise zones, the noise standards of the affected property shall apply.

(Ord. 434 § 2, 1996)

The following activities shall be exempt from the provisions of this chapter:

A. School bands, school athletics and school entertainment events, provided such events are conducted on school property or authorized by special permit from the City;

B. Activities otherwise lawfully conducted in public parks, public playgrounds and public or private school grounds;

C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, emergency vehicles, emergency warning devices or emergency work;

D. Noise sources associated with construction, repair, remodeling, or grading of any real property; provided a permit has been obtained from the City; and provided said activities shall take place between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, with no construction shall be permitted on Sunday. Single-family residences undergoing improvements by the owner, as the contractor, are exempt from this section of this chapter;

E. Noise sources associated with public safety operations including, but not limited to the Police and Fire Departments;

F. Noise sources associated with the maintenance of real property provided said activities take place between the hours of 7:00 a.m. and 7:00 p.m. on any day except Sunday or between the hours of 9:00 a.m. and 6:00 p.m. on Sunday or a Federal holiday;

G. Any activity or equipment to the extent that design regulation thereof has been preempted by State or Federal laws;

H. Entertainment and communication activities for which a permit or license has been issued by the City. This would include, but not be limited to activities such as advertising vehicles, carnivals, circuses, and rodeos, sound trucks, sound amplifying equipment, parades, and block parties. This would not preclude enforcement of this chapter or other permit standards as a condition of approval of the permit or license, as determined by the approving body;

I. Collection of refuse with a refuse collection vehicle between the hours of 6:00 a.m. and 4:00 p.m. in residential and public and quasi-public areas and between the hours of 4:00 a.m. and 2:00 p.m. in commercial and industrial areas;

J. Operation of street sweepers between the hours of 4:00 a.m. and 7:00 p.m.;

K. Warning devices attached to traffic signals used as methods of notification for the hearing impaired.

(Ord. 434 § 2, 1996)

During a one-year period following the effective date of the ordinance codified in this chapter, the noise level standards specified in this chapter shall be increased by five db(A) where the alleged noise source is an air-conditioning apparatus or refrigeration system, which was installed prior to the effective date of the ordinance codified in this chapter.

(Ord. 434 § 2, 1996)

A. Notwithstanding any other provision of this chapter and in addition thereto, it is unlawful for any person to make, continue, cause or allow to be made or continued, any loud, unnecessary or unreasonable noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the City, and the following acts and things, among others, are declared to be loud, disturbing, injurious, unnecessary and unreasonable noises in violation of this chapter, but said enumerations shall not be deemed to be exclusive:

1. Radios and televisions. The using, operating or permitting to be used or operated, any radio, receiving set, television set, musical instrument, phonograph, juke box or other machine or device for producing or reproducing sound in such a manner as to unreasonably disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or person who is in the room or chamber in which such machine or device is located and operated is declared to be a public nuisance. The operation of any such set, instrument, stereo, machine or device in any such a manner as to be plainly audible at the following thresholds shall be prima facie evidence of a violation of this section:

2. Yelling and shouting. Yelling, shouting, hooting, whistling or singing on the public streets or private property so as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence is declared to be a public nuisance. The yelling and shouting in any such manner as to be plainly audible at the following thresholds shall be prima facie evidence of a violation of this section:

3. Business and residential land use relationship.

a. It is unlawful for a business to be loading, unloading, opening or other handling of boxes, crates, containers, building materials, garbage cans, other similar objects and trash compactor operations between the hours of 10:00 p.m. and 7:00 a.m. in an area between a business and a residential area in such a manner to cause a noise disturbance across a residential property line or at any time to violate the general sound level limits.

b. Delivery vehicles shall have their engines turned off when stationary during regular business hours.

c. Motorized refrigeration systems shall not be left running between the hours of 10:00 p.m. and 7:00 a.m. within 75 feet of a residential zone, residential use, or sleeping quarters.

4. Animals. Owning, possessing, or harboring any animal or bird which frequently or for continued duration howls, barks, meows, squawks, or makes other sounds which create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone.

5. Stationary vehicles. The using, operating or permitting to be used or operated, any radio, receiving set, television set, musical instruments, phonograph, juke box or other machine or device for producing or reproducing sound emanating from a stationary vehicle in such a manner as to unreasonably disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the stationary vehicle is declared to be a public nuisance. The operation of any such set, instrument, stereo, machine or device in such a manner as to be plainly audible at the following thresholds from the stationary vehicle shall be prima facie evidence of a violation of this section:

B. It is unlawful for any person who owns, maintains, controls, operates, has care or custody of, or otherwise provides any public or private premises, who, being present, allows noise to continue after first being informed by the City of any of the violations set forth in this chapter.

(Ord. 483 §§ 4—6, 2003; Ord. 434 § 2, 1996)

A. In the event that a commercial/industrial operation or party, dance, meeting or other assemblage, or other activity occurs in such a manner that the participants thereof are generating noise or engaging in other behavior which is, in the opinion of the responding City enforcement officer, offensive to reasonable persons of normal sensitivities situated similarly to persons inhabiting adjacent or surrounding properties, or the noise that is generated is in violation of this chapter, the responding City enforcement officer shall provide the owner of the property and/or the person in charge of the property where the commercial or industrial business operation or assemblage occurs, and/or the participants engaged in the noise or offensive behavior, with a written notice as follows:

WARNING YOU WILL BE LIABLE FOR ALL COSTS

ASSOCIATED WITH CITY ENFORCEMENT OFFICER RESPONSE

The undersigned, a City Enforcement Officer for the City of Hawaiian Gardens, California, does hereby notify you that it has been determined that a:

[ ] Commercial or industrial business operation;

[ ] Party, dance, meeting, or other assemblage;

[ ] Other: ___________

is occurring at which persons are generating noise, engaging in other offensive behavior, or violating the Hawaiian Gardens Noise Control Ordinance (Ordinance 434).

You are hereby notified that if said noise or offensive behavior continues, you, and all other persons to whom this notice is given, and in the event of minors, then the parents or guardians of said minors shall be held liable to the City of Hawaiian Gardens for all costs incurred by the City in any subsequent police responses, the curtailment of such offensive behavior, any arrests that are necessitated as a result of such responses or curtailment activities, and all costs incurred in the prosecution of criminal actions resulting from such arrests and all costs including court costs and attorneys' fees incurred in the collection of this debt.

Date Officer Name, Badge No.

Time Signature

Notification may also be provided by use of an alternative form, provided such form contains text substantially the same as that found in this subsection.

B. Liability. After a person has been given notice as hereinabove provided and said person continues to permit the offensive behavior to continue, participates in said offensive behavior or continues to violate the noise ordinance then such persons or in the case that all or any of the foregoing persons are minors the parents and/or guardians of such minors shall be jointly and severally liable for the entire cost to the City of the following items:

1. City enforcement officer response to the incident on a time and materials basis at a rate set by the City (which rate may be determined on the full cost accounting basis and include overhead, imputed rent, and depreciation of equipment) of subsequent City enforcement officer responses which are or may be required to curtail the offensive acts or violation of the noise ordinance;

2. In the event that arrests are made due to the occurrence of illegal behavior at or in the vicinity of and related to the assemblage all City enforcement officer time incurred in the arrest, booking, jailing and report preparation process;

3. In the event that City enforcement personnel are required to appear and/or provide evidence at a court proceeding relating to the arrest of persons at the assemblage, all City enforcement officer time incurred in the appearance;

4. In the event it becomes necessary to institute litigation to force the collection of any amounts hereunder due (for any of the costs identified in subsections B.1. through B.3. of this section), all costs incurred by the City in the prosecution of the amount billed hereunder including all court costs, attorneys' fees and City enforcement officer court appearance costs.

C. Compromise of debt. The Chief of Police or the Director of Planning and Community Development or their designee shall have the power to reduce such portions of the foregoing debt as he/she may in his/her judgment deem appropriate in the best interests of the City.

D. Finding. The City Council does find that the rights and duties created by the ordinance codified in this section is a due and proper exercise of its police power to protect the public peace, health, and general welfare of the community. This chapter does not create the contractual rights in any person to code enforcement, police protection, or security services above and in addition to the normal entitlement of any inhabitant of the City.

(Ord. 483 § 7, 2003; Ord. 434 § 2, 1996)

A. All departments engaged in any activities which may result in the emission of noise, shall comply with Federal and State laws and regulations, as well as the provisions of this chapter, respecting the control and abatement of noise to the same extent that any person is subject to such laws and regulations.

B. Any product which has been certified by the Administrator of the United States Environmental Protection Agency, pursuant to Section 15 of the Noise Control Act of 1972 (and its amendments) as to low emission products and which is to be suitable for use as a substitute shall be used in preference to any other product where economically feasible.

(Ord. 434 § 2, 1996)

Any noise exceeding the noise level limits which can be attributed to a specific facility in a designated noise district, as specified in Section 9.29.060 or Section 9.29.080 of this chapter or the prohibited actions specified in Section 9.29.120 of this chapter shall be presumed to be a violation of the provisions of this chapter.

(Ord. 434 § 2, 1996)

Except where a person is acting in good faith to comply with an abatement order issued pursuant to Section 9.29.200 et seq., of this chapter, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the City. The notice of violation may be either verbal or written, depending on the opinion of the City enforcement officer responding to the size of the noise generation. Thereafter, the City may resort to any other appropriate legal action as provided by law.

(Ord. 434 § 2, 1996)

A. Any person violating any provision of this chapter shall be guilty of a misdemeanor. And upon conviction thereof shall be punishable by a fine of not to exceed $1,000.00 or by imprisonment in a City jail or in the County jail as the committing magistrate may direct, for a period of not to exceed 90 days or by both such fine and imprisonment in the discretion of the court.

B. Each day that a violation is permitted to continue shall constitute a separate offense and shall be punished as such.

(Ord. 434 § 2, 1996)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery in violation of the provisions of this chapter, which operation or maintenance causes or creates sound levels exceeding the allowable limits as specified in this chapter, shall be deemed and declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

(Ord. 434 § 2, 1996)

A. As an additional remedy, the operation or maintenance of any device, instrument vehicle, machinery, or other item in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to summary judicial abatement in order to preserve or protect the public health, safety, or welfare by abatement and assessment in accordance with the procedures and processes set forth in this chapter.

B. Any person owning, leasing, occupying, or having charge of any premises in this City who maintain, uses, or allows to be used, in such a manner so as to make, create, or allow noise which is a public nuisance is subject to having the nuisance abated pursuant to the procedures and processes set forth in Sections 9.29.200 through 9.29.320 of this chapter.

(Ord. 434 § 2, 1996)

Whenever a City enforcement officer determines that any premises within the City is maintained, used, or allowed to be used so as to be a public nuisance within the meaning of the definition set forth in Section 9.29.030 of this chapter then that person shall cause notice to be given in the manner provided in this chapter for the holding of a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the City.

(Ord. 434 § 2, 1996)

Notice of the time and place of hearing before the City Council shall be entitled, "NOTICE OF HEARING," in letters not less than one inch in height and shall be substantially in the following form:

NOTICE OF HEARING TO DETERMINE EXISTENCE OF A PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART

Notice is hereby given that on the _______ day of _______, 20___, at the hour of _______ said day, the City Council of the City of Hawaiian Gardens will hold a public hearing in the Council Chambers of Hawaiian Gardens City Hall, located 21815 Pioneer Boulevard at Hawaiian Gardens, California, to ascertain whether certain premises situated in the City of Hawaiian Gardens, State of California, known and designated as ___________, in said City, and more particularly described as ___________ constitute a public nuisance subject to noise abatement by means necessary and appropriate to reduce, modify, or eliminate such noise. If said premises, in whole or part, are found to constitute a public nuisance as defined by the Hawaiian Gardens Municipal Code and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities and upon such abatement cost will constitute a lien upon such land until paid. Said alleged violations consist of the following:

_____ _____ ___________.

Said methods of abatement available are:

_____ _____ ___________.

All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the City Council of the City of Hawaiian Gardens to be held on the _______ day of _______, 20___, the hour of when their testimony and evidence will be heard and given due consideration.

Date City Enforcement Officer

(Ord. 434 § 2, 1996)

A. A City enforcement officer shall cause to be served upon the owner of each of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on each of the affected premises.

B. Said notice shall be posted and served at least 15 days before the time fixed for such hearing. Proof of posting and service of such notices shall be made by declaration under penalty of perjury filed with the City Council.

(Ord. 434 § 2, 1996)

Service of said notice shall be by personal service upon the owner of the affected premises or by depositing a copy of said notice in the U.S. mail enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to the said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. "Owner," as used herein, shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.

(Ord. 434 § 2, 1996)

At the time stated in the notices, the City Council shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel, and interested persons relative to such alleged public nuisance and the means necessary and appropriate to reduce, modify, or eliminate such nuisance from such premises. Said hearing may be continued from time to time.

(Ord. 434 § 2, 1996)

Upon or after the conclusion of said hearing, the City Council shall, based upon such hearing, determine whether the premises, or any part thereof, is maintained, used, or allowed to be used in a manner to constitute a public nuisance. If the City Council finds that such public nuisance does exist and that there is sufficient cause to order abatement of the nuisance, the City Council shall adopt a resolution setting forth its findings and ordering the owner or other person having charge or control of such premises to abate such nuisance by having such premises, buildings, structures, or activities thereon altered or eliminated in the manner and by the means specifically set forth in its resolution. Such resolution shall set forth times within which such work shall be commenced and completed by the owner. The decision and order of the City Council shall be final.

(Ord. 434 § 2, 1996)

Any owner or other interested person having any objections or feeling aggrieved at any proceeding taken by the City Council in ordering the abatement of any public nuisance under the provisions of this chapter must bring an action to contest such decision within 30 days after the date of such decision of the City Council. Otherwise, all objections to such decision shall be deemed waived.

(Ord. 434 § 2, 1996)

A. A copy of the resolution of the City Council ordering the abatement of a said nuisance shall be served upon the owners of said property in accordance with the provision of Section 9.29.240 of this chapter and shall contain a detailed list of needed corrections, alteration, and/or other noise abatement methods. Any property owner shall have the right to have any such premises or activities thereon altered or eliminated in accordance with said resolution and at his/her own expense provided the same is done prior to the expiration of abatement period set forth in the resolution. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.

B. If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the City Administrator, or such other City official as may be designated by him, is authorized and directed to cause the same to be abated by the City forces or private contract, and the City Administrator (or his/her designated agents) is expressly authorized to enter upon said premises for such purposes. Upon request of the designated official, other City departments shall cooperate fully and shall render all reasonable assistance in abating any such nuisance.

(Ord. 434 § 2, 1996)

A. The City Administrator, or such other City official as may be designated, shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work is done, and shall render an itemized report in writing to the said City Council, a copy of the same shall be posted for at least five days upon such premises together with a notice of the time when the report shall be heard by the City Council for confirmation.

B. The City Council shall set the matter for hearing to determine the correctness or reasonableness, or both, of such costs.

C. A copy of said report and notice shall be served upon the owners of said property in accordance with the provisions of Section 9.29.240 of this chapter, at least five days prior to the date of the City Council hearing.

D. Proof of said posting and service shall be made by declaration under penalty of perjury filed with the City Clerk.

E. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in preparation of costs of printing and mailing required hereunder.

(Ord. 434 § 2, 1996)

At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of such costs of abatement, together with any objections or protests. Thereupon the City Council may make such revision, correction, or modification in the report as it may deem just, after which by resolution the report, as submitted or as revised, corrected, or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.

(Ord. 434 § 2, 1996)

A. The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of a lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessments.

B. After such confirmation and recordation, a certified copy of such decision shall be sent to the Tax Division of the County Auditor Controller's office, whereupon it shall be the duty of said Auditor Controller to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or

C. After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

D. Such notice of lien for recordation shall be in form substantially as follows:

NOTICE OF LIEN - CLAIM OF CITY OF HAWAIIAN GARDENS

Pursuant to the authority vested by Section 9.29.260 of the Hawaiian Gardens Municipal Code, the City Administrator of the City of Hawaiian Gardens (or his/her designated agents) did on or about the _______ day of _______, 20___, assess the cost of such abatement upon said real property hereinafter described: and the same has not been paid nor any part thereof: and that said City of Hawaiian Gardens does hereby claim a lien on such abatement in the amount of said assessment, to wit: the sum of $_______ ; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Hawaiian Gardens, County of Los Angeles, State of California, and more particularly described as follows:

(DESCRIPTION OF PROPERTY)

_____ _____ _______

Date City Administrator of Hawaiian Gardens

(Ord. 434 § 2, 1996)

A. The owner or other person having charge or control of any such buildings or premises maintaining any public nuisance as defined in this chapter, or who violates any order of abatement made pursuant to Section 9.29.260 of this chapter is guilty of a misdemeanor.

B. Any person who removes any notice or order posted as required in this chapter is guilty of a misdemeanor.

(Ord. 434 § 2, 1996)

A. It is the intent of this section to recognize that the eventual amortization, as expeditiously and as fairly as possible, of existing noise sources that are not in conformity with the provisions of this chapter is as important as the prohibition of new noise sources that would violate the provisions of this chapter. It is the intent of this section that any amortization of nonconforming commercial or industrial noise sources shall be effected so as to avoid any undue hardship.

B. All existing nonconforming commercial and industrial noise sources shall be granted five years from the effective date of the ordinance codified in this chapter to bring their existing facilities into compliance with this chapter, provided that:

1. They are located in a commercial or industrial zoning district delineated in the City zoning ordinance or are located in accordance with a valid business license, special use or conditional use permit at the time of the adoption of the ordinance codified in this chapter;

2. They are not changed to another commercial or industrial use during the amortization period;

3. They are not altered so as to increase or intensify their noise generation;

4. If they are structurally expanded during the amortization period, the new portion of the use must meet the standards of this chapter;

5. If they should be rebuilt after damage or destruction of more than 51 percent of the preexisting value, they must be rebuilt in such manner as to immediately meet the standards of this chapter.

C. Any discontinuance of a nonconforming noise source for a continuous period of three months or more shall be deemed to constitute abandonment of any nonconforming rights and any further use of the conforming noise source. Any further use of the noise source shall then be in conformance with the standards of this chapter.

D. There shall be no expansion of a nonconforming noise source.

(Ord. 434 § 2, 1996)