La Palma Municipal Code Art. V Air Pollution

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State Law reference— Authority of City to establish and enforce stricter standards for control of nonvehicular air pollution than those set forth by State law or the State Air Resources Board, Health and Safety Code § 41508; authority of City to adopt and enforce regulations in addition to and not in conflict with the Noise Control Act, Health and Safety Code § 46001; California Noise Control Act of 1973, Health and Safety Code § 46010 et seq.

It shall be unlawful for any person to permit or cause the escape of dust, soot, cinders, noxious acids, fumes, and gases in such place or manner as to enter upon the property of another person or to be detrimental to any person or to the public or to endanger the health, safety and welfare of any such person or the public; or in such manner as to cause or have the tendency to cause injury or damage to persons, property or businesses. The escape of such matter is declared to be a public nuisance and may be summarily abated by the City or its authorized representative.

(Code 1975, § 12-12; Ord. No. 154, § 1)

Any person shall conduct and carry out excavation, leveling, earth moving, or any other activity upon his or her property in such manner as to avoid interference with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons. All persons shall take appropriate measures to prevent, in the performance of any such work, any noise, dust, unsightly debris, soot, cinders, noxious acids, fumes, or gases which so interfere.

(Code 1975, § 12-13; Ord. No. 154, § 2)

Between the hours of 10:00 p.m. and 7:00 a.m., no person shall use, except with the express written permission of the City Engineer or in the case of an emergency, any tool, appliance or equipment producing noise, vibration, dust, soot, cinders, noxious acids, fumes, or gases, of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.

(Code 1975, § 12-14; Ord. No. 154, § 3)

If any person continues to create such an interference and annoyance to others, the City Manager or his or her designated representative may, in addition to other remedies, notify such offender and direct a hearing to be held within 24 to 72 hours for the purpose of determining responsibility and the costs of correcting such conditions. Witnesses may appear and offer evidence respecting such matter. The costs of abating such interference or nuisance may be assessed against the person responsible therefor and collected with attorney fees by court proceeding or collected as a lien against the property.

(Code 1975, § 12-15; Ord. No. 154, § 4)

This article shall not be construed as imposing upon the City or any officer or employee thereof any liability or responsibility for damages to any person or property injured in any manner by the performance of any work which has otherwise been authorized by the City; nor shall the City or any officer or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections, the issuance of permits or the approval of excavation work.

(Code 1975, § 12-16; Ord. No. 154, § 5)