A.
The provisions of this chapter shall be enforced by the noise control officer, 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 vibration, 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 vibration, 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 vibration abatement.
4.
Coordinate and cooperate with other local, state, and federal departments and agencies regarding vibrationcontrol activities.
5.
Conduct public and private project review and vibration analysis on projects which are likely to cause vibration in violation of this chapter and which are subject to
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 vibration impact of the zoning change by identifying existing and projected vibration sources and the associated vibration levels, and recommend the imposition of adequate control measures on vibration sources identified.
C.
Violations of this chapter are deemed to be a public nuisance and may be abated civilly or enforced criminally.
D.
If the noise control officer 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 vibration 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.
E.
Penalties for any such infraction will be a fine of two hundred fifty dollars for the first violation, with an additional two hundred fifty dollars for each additional day the infraction occurs.
F.
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 § 7, 2019)