Subdividers Ordinance

H. Continued Enforcement 1. The Planning and Zoning Commission must investigate any purported violation of performance standards. Uses, buildings, or structures lawfully established prior to the effective date of this Ordinance and subject to performance standards existing at that time, may be found to be in violation with those previously applicable standards. Alleged violations may be brought to the City Council’s attention by employees of that office, or by, County, or State law enforcement, health, or environmental employees or officials or citizens. If a violation is alleged, the Planning and Zoning Commission must inform the suspected perpetrator and must initiate an independent engineering analysis consistent with the analysis procedure outlined herein. Administrative determinations made in conjunction with the analysis may be appealed in the same manner heretofore outlined. 2. Revocation of Permits If an alleged violation is determined to be valid by the independent engineering analysis, any permits previously issued in conjunction with the established use, building, or structure are void and the operator must cease operation until the violation is remedied. Failure to cease operation within two days of notice to do so by the City constitutes an aggravated violation of this Ordinance and the penalty provision cited in Section 13 may be imposed. I. TECHNICAL PROVISIONS 1. Noise a. To measure the intensity and frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer may be employed. The flat network and the fast meter response of the sound level meter may be used. Sounds of short duration that cannot be measured accurately with the sound level meter, may be measured with the impact noise analyzer. Octave band analyzers calibrated in the preferred frequencies (American Standards Association S1 6-1960, Preferred Frequencies for Acoustical Measurements) must be used with the following tables. The suspected perpetrator will be required to hire at the approval of the City, a consultant to measure, record, and report to the City Council results about compliance with the City Zoning Ordinance. The owner of the use of the suspected noise violation will incur all costs. b. Maximum Permitted Sound Level Octave Bank Frequency Cycles per Second Decibels 0 through 74 58 75 through 149 54 150 through 299 50 300 through 599 46 600 through 1,199 40 1,200 through 2,399 33 2,400 through 4,799 26 4,800 and over 20 72 Adopted November 14, 2007