Article VIII — ENFORCEMENT AND COSTS

The San Benito County Sheriff and Code Enforcement Officer shall have the primary responsibility for enforcing this chapter. Violations may be prosecuted as described in Chapter 1.03, but nothing in this chapter shall prevent the sheriff or code enforcement from engaging in efforts to obtain voluntary compliance by means of warnings, notices, or educational programs or by pursuing any other action authorized by law to achieve abatement of the noise. (Ord. 872, § 2 (part), 2011)

Upon presentation of proper credentials, the Sheriffs Department or Code Enforcement Officer may enter and inspect any

property or place, and inspect any report or records at any reasonable time when granted permission by the owner, or by some other person with apparent authority under applicable California law to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include performance of any necessary measurements. (Ord. 872, § 2 (part), 2011)

After approval by the Board of Supervisors, and upon presentation of proper credentials, the Sheriffs Department or Code Enforcement Officer may: (A) Require the owner or operator of any commercial or industrial activity to establish and maintain records and make such reports at the Sheriffs Department or Code Enforcement Officer may reasonably prescribe; and/or (B) Require the owner or operator of any commercial or industrial activity to measure the sound levels of, or the vibration from any source in accordance with the methods and procedures and at such locations and times as may reasonably be prescribed and to furnish reports of the results of such measurements to the county. The county may require the measurements to be conducted in the presence of its enforcement officials. (Ord. 872, § 2 (part), 2011)

Any noise measurement made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined by this chapter. Immediately before a measurement is made, the sound level meter shall be calibrated utilizing an acoustical calibrator meeting the standards of the American National Standards Institute. Following a sound level measurement, the calibration of the sound level meter shall be re-verified. Sound level meters and calibration equipment shall be certified annually. Sound level measurements may be made anywhere within the boundaries of an occupied property. The actual location of a sound level measurement shall be at the discretion of the enforcement officials identified in this chapter. (Ord. 872, § 2 (part), 2011)

No person may refuse to cooperate with, or obstruct, the enforcement officials identified in this chapter when they are engaged in the process of enforcing the provisions of this chapter. This duty to cooperate may require a person to extinguish a sound source so that it can be determined whether sound emanating from the source violates the provisions of this chapter. (Ord. 872, § 2 (part), 2011)

(A) Upon the receipt of a valid complaint as defined below, or upon direct observation of a potential violation by the Sheriff, the Code Enforcement Officer or their duly authorized representatives, the San Benito County Sheriff or Code Enforcement Officer, or their duly authorized representatives may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter. (B) A valid complaint must be signed by at least two complainants who represent at least two separate properties within 500 yards of the sound-producing property. Addresses of the complainants must be provided and include the following: (1) Identify and provide an address for the person who committed the excessive noise disturbance; (2) State the date that the excessive noise disturbance occurred and identify the starting time and ending time of the disturbance; (3) Identify where the disturbance occurred and describe that location; (4) Identify the sound-producing device used during the disturbance; (5) Identify one of the complainants as a contact person within the complaint; (6) Describe the excessive noise disturbance and explain why it was unreasonably disturbing; and, (7) State whether a deputy or enforcement officer visited the sound-producing property while the disturbance was occurring. If this did not occur, the complaint must include a description of the complainant's efforts to contact enforcement authorities while the disturbance was occurring. The complainant must have made a good faith effort to contact enforcement authorities while the disturbance was occurring or the excessive noise disturbance complaint will be deemed insufficient. (C) If such officers have reason to believe that any provision(s) of this chapter has been violated, they 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 dBA readings noted, if applicable, and the time and place of their detection, and may include an order of corrective action be taken within a specified time. (D) If corrective action is not taken within such specified time or any extension thereof approved by the Code Enforcement Officer, upon conviction, the violation shall constitute an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (E) Any subsequent violation of this chapter within 12 months from a conviction for violating any provisions of this chapter and/or the forfeiting of bail in connection with a prior violation of this chapter is a misdemeanor. (F) Provisions of this chapter are to be construed as an added remedy of abatement of the pubic nuisance declared and not in conflict or derogation of any other action, proceedings or remedies that may be abated in accordance with the provisions of Chapter 1.03 (Code Enforcement Ordinance) of Title 1 (General Provisions; Code Enforcement) of the San Benito County Code. (Ord. 872, § 2 (part), 2011)

In any enforcement action brought pursuant to Chapter 1.03 (Code Enforcement Ordinance) of Title 1 (General Provisions; Code Enforcement) of the San Benito County Code, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes, permits, suffers or maintains a violation of this chapter, shall be liable for all costs incurred by the county, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible part to undertake, any abatement action in compliance with the requirements of Chapter 1.03 (Code Enforcement Ordinance) of Title 1 (General Provisions; Code Enforcement) of the San Benito County Code, whether those costs are incurred prior to, during, or following enactment of this chapter. The procedures set forth in § 1.03.005(E) through (H) of the San Benito County Code shall apply to the recovery of costs of abatement, pursuant to § 1.03.005. (Ord. 872, § 2 (part), 2011)

All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law. (Ord. 872, § 2 (part), 2011)

Nothing in this chapter shall be construed as imposing on the enforcing officer or the county any duty to issue a notice to abate a noise nuisance or any other violation of this chapter, nor to take any other action with regard to any noise nuisance or any other violation of the chapter, and neither the enforcing officer nor the county shall be held liable for failure to issue an order to abate a noise nuisance or any other violation of this chapter, nor for failure to take any other action with regard to any noise nuisance or any other violation of this chapter. (Ord. 872, § 2 (part), 2011)