Hawthorne Municipal Code Art. 4 Administration

A. The provisions of this chapter shall be enforced by the noise control officer or designee(s), unless otherwise expressly provided herein.

B. For the purpose of administering and enforcing this chapter, the noise control officer shall have, in addition to any other authority, the power to:

1. Conduct or cause to be conducted studies, monitoring, and inspections related to noise, including cooperative investigation with private or public agencies, and the application for and acceptance of grants.

2. Conduct programs of public education regarding the cause, effect, and methods of abatement and control of noise, as well as the actions prohibited by this chapter and the procedures for reporting violations.

3. Train field inspectors and other technical personnel concerned with noise abatement.

4. Coordinate and cooperate with other local, state, and federal departments and agencies regarding noise-control activities.

5. Conduct public and private project review and sound analysis on projects which are likely to cause noise in violation of this chapter and which are subject to mandatory review or approval by other departments.

6. Inspect private property or place upon presentation of proper credentials and at any time when granted permission by the owner, or by some person with apparent authority to act for the owner. When permission is refused or cannot be obtained, an inspection warrant may be obtained from a court of competent jurisdiction upon showing of reasonable belief to believe that a violation of this chapter may exist. Such inspection authority may include the conduct of any necessary tests.

7. Prior to any zoning change, review the potential noise impact of the zoning change by identifying existing and projected noise sources and the associated noise levels, and recommend the imposition of adequate control measures on noise sources identified.

C. Violations of this chapter are deemed to be a public nuisance and may be abated civilly or enforced criminally. In addition, a violation of this chapter is punishable by an administrative citation pursuant to Chapters 1.23A and 1.23B in amounts not to exceed the following:

1. Two hundred fifty dollars for a first violation.

2. Five hundred dollars for a second violation within one year of the first violation.

3. One thousand dollars for each additional violation within one year of the first violation.

D. If the noise control officer or designee(s) has reason to believe that any provision of this chapter has been violated, the enforcement officer may 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 noise level readings, and may include a corrective action to be taken within a specified time. If corrective action is not taken within such specified time, upon conviction, the violation shall constitute as an infraction and the violator will be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

1. Penalties for any such infraction will be established by resolution of the city council.

2. Notwithstanding any other provision of this code, any person creating or causing to create such a disturbance so as to be in violation of this code shall be guilty of an infraction upon conviction thereof. A person who violates the provisions of this subsection shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues or is repeated.

(Ord. 2169 § 3, 2019)

A. The noise control officer is authorized to grant a waiver for a period of not more than five years from any provision of this chapter for any activity or noise source in existence and lawfully operating on (ordinance effective date), subject to limitations as to area, noise levels, time limits, and other terms and conditions as the noise control officer determines are appropriate to protect the public health, safety, and welfare from the noise disturbance. A waiver shall not be issued for a period exceeding one year, without application for a renewal.

B. Any person seeking a waiver pursuant to this chapter shall file an application with the noise control officer.

C. An application for waiver shall include all of the following:

1. Information which demonstrates that bringing the source of the sound or activity for which the waiver is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, the community, or other persons.

2. Payment of the application fee established by resolution of the city council.

3. Such additional information as the noise control officer may require.

4. In addition to the required information and fee, the applicant may support the application with an assessment of the technical and financial feasibility of reducing the noise source to the standards of otherwise required by this chapter. The assessment shall be prepared by an acoustical engineer.

D. A separate application shall be filed for each parcel on which a fixed noise source(s) is in existence.

E. The noise control officer may summarily deny an application for a waiver that is not supported with a technical and financial feasibility assessment. If the noise control officer does not summarily deny the application, the application shall be set for public hearing.

1. Notice of a public hearing on an application for waiver shall be mailed to the owners of all real property located within three hundred feet of the parcel on which the noise source is located at least fifteen days prior to the hearing.

2. The public hearing shall be conducted by the noise control officer. At the hearing, any person who would be adversely affected by the granting of the requested waiver may object orally or in writing and provide any information to support said objection.

F. In determining whether to grant or deny the application, the noise control officer shall balance the hardship on the applicant, the community, and other persons of not granting the waiver against the adverse impact on the health, safety, and welfare of persons affected by the noise disturbance, as well as any other adverse impacts that may result if the waiver is granted. If a technical and financial feasibility assessment has not been submitted by the applicant, the noise control officer may continue the hearing to allow the applicant to submit such an assessment prior to the noise control officer rendering a decision.

G. If the waiver is granted, it shall be conditioned in such a way as to protect the public health, safety, and welfare from the noise source. In determining the conditions to be imposed, the noise control officer shall, at a minimum, consider the magnitude of the nuisance that is or will be caused by the offensive noise; the uses of the property within the area that will be affected by the noise; operations carried on under existing nonconforming rights or previously approved conditional use permits or zoning variances; and the economic factors related to the age and useful life of the equipment that is creating the noise or will create the noise.

H. A waiver shall not be granted unless all conditions proposed by the noise control officer are agreed to by the applicant. All waivers granted shall provide that non-compliance with any condition of the waiver shall be grounds for permit revocation in accordance with Section 9.34.110.

I. In any case where the conditions of a waiver have not been or are not being substantially complied with, or where the noise source has been abandoned, the noise compliance officer may initiate proceedings to revoke the waiver.

1. Notice of noise control officer's intention to revoke the waiver shall be given to the owner or the noise source or the property at least fifteen days prior to the noise control officer's revocation hearing.

2. Formal rules of evidence shall not apply to revocation proceedings.

3. After conclusion of the hearing, the noise control officer may revoke the waiver if it is found that the terms and conditions of the waiver have not been substantially complied with or that the noise source has been abandoned, or may modify the waiver by imposing new or modified conditions to address the previous noncompliance.

J. The applicant shall be notified by certified mail within ten working days of the action taken on the application for waiver and of any conditions imposed.

K. Any appeal of a decision of the noise control officer shall be made to the planning commission.

(Ord. 2169 § 3, 2019)