Article IX — Noise Reduction

Noise sources that do not comply with the provisions of Article 4 or Article 7 shall provide the Planning Department with:

• A. A noise inventory describing each source of noise in question under its control, the level and duration (in twenty-four-hour periods) of each source; and

• B. The noise reduction plan showing all means of reduction or eliminating noise from each source or at the points of reception and the anticipated time of implementation of such plan.

• (Ord. 275-86 § 1, 1986)

Noise sources shall provide at noise source's expense, reports, prepared by qualified acoustical consultants, selected and approved by the City, and cost estimators, as the Planning Department or Planning Commission may require to ascertain the facts necessary for a decision under this article.

(Ord. 275-86 § 1, 1986)

Unless a settlement on noise reduction measures is agreed upon by all complainants and noise sources, a hearing shall be set before the Planning Commission to determine which noise reduction measures are cost effective. The Planning Commission shall require the noise source to implement, immediately or on a schedule of events, those actions to reduce noise which are cost effective.

(Ord. 275-86 § 1, 1986)

To comply with the provisions of this article a noise source must execute an agreement to implement those actions required by the Planning Commission or the City Council pursuant to this Article 9 within the time required and implement them within the time required. (Ord. 275-86 § 1, 1986)

All operations responsible for noise which may be reduced by cost effective measures must cease and desist the production of noise constituting a noise disturbance or exceeding the limits set forth in Article 4 within ninety days of the decision rendered by the Planning Commission or City Council pursuant to this article unless the noise source executes the agreement required by Section 9.40.093 within said ninety days. Persons failing to comply with said agreement will cease and desist said operations upon order of the Community Development Director or his or her designee.

(Ord. 275-86 § 1, 1986; amended during 1990 republication)

Article X Appeals

Decisions of the Planning Department rendered pursuant to this chapter may be appealed to the Planning Commission by filing with the Planning Department written notice of such appeal within fifteen days of the Department's decision.

(Ord. 275-86 § 1, 1986)

Decisions of the Planning Commission may be appealed to the City Council by filing with the Planning Department written notice of such appeal within fifteen days of the Commission's decision.

(Ord. 275-86 § 1, 1986)

The City Council or the Planning Commission shall redetermine the issues appealed. (Ord. 275-86 § 1, 1986)