The Director of Health shall be responsible for enforcing the provisions of this chapter and carrying out the intent of this chapter as specified in § 123-1.
The Director of Health is hereby authorized to make, adopt, revise and
amend procedural rules and regulations as is deemed necessary to administer
the purposes of this chapter and to interpret and implement the provisions
of this chapter.
A.
The Director of Health is authorized and directed to make inspections, conduct investigations and monitor noise levels in the Town of West Hartford for the purpose of determining compliance with the provisions of this chapter and carrying out the intent of this chapter as specified in § 123-1.
B.
Inspections, investigations or monitoring conducted as authorized in Subsection A shall be pursuant to:
(1)
A systematic plan;
(2)
A complaint that an alleged violation of the provisions
of this chapter or of applicable rules or regulations pursuant thereto may
exist; or
(3)
When the Director of Health has valid reason to believe
that a violation of this chapter or any rules or regulations pursuant thereto
may exist.
C.
The Director of Health is authorized to make inspections
and investigations and conduct monitoring whenever necessary to determine
the quantity and character of noise.
D.
If any owner, occupant or other person in charge of a
parcel of land fails or refuses to permit free access and entry to the premises
under his/her control, or any part thereof, with respect to which an inspection
or investigation authorized by this chapter is sought to be made, the Director
of Health may, upon showing that probable cause exists for the inspection
or investigation and for the issuance of an order directing compliance with
the inspection or investigation requirements of this section, petition and
obtain the necessary order from a court of competent jurisdiction to conduct
the inspection or investigation.
A.
Whenever the Director of Health determines that any noise
source fails to meet the requirements set forth in this chapter or in applicable
rules and regulations issued pursuant thereto, the Director of Health, in
accordance with existing legislation, shall issue a notice setting forth the
alleged failures and advising the owner, occupant, operator or agent that
such failures must be corrected. This notice shall:
(1)
Be in writing.
(2)
Describe the noise source where the violations are alleged
to exist or to have been committed.
(3)
Set forth the alleged violations of this chapter or of
applicable rules and regulations issued pursuant thereto.
(4)
Specify an appropriate or acceptable method of correction.
(5)
Specify a specific date for the correction of any violation
alleged.
(6)
Be served upon the owner, occupant, operator or agent
of the noise source personally or by registered mail, return receipt requested,
addressed to the owner, occupant, operator or agent. If one or more persons
to whom such notice is addressed cannot be found after diligent effort to
do so, service may be made upon such persons by posting the notice in or about
the noise source described in the notice or by causing such notice to be published
in a newspaper of general circulation for a period of five consecutive days.
B.
At the end of the period of time allowed for the correction
of any violation alleged, the Director of Health shall reinspect the noise
source described in the notice.
C.
If, upon reinspection, the violations are determined
by the Director of Health not to have been corrected, the Director of Health
shall initiate action for the immediate correction of the alleged violations,
including but not limited to assessing fines or enforcing abatement as specified
in this chapter.
A.
Any owner, occupant, operator or agent of a noise source
who has received a notice to correct a violation of this chapter and who has
failed to correct such violation by the date specified in such notice shall
be punished by a fine of not less than $20 nor more than $90. Each day and
each night that such violation shall continue shall constitute a separate
offense.
B.
No penalty shall be due while a reconsideration, hearing
or appeal is pending in the matter.
C.
The imposition of any fine hereunder shall not prevent
the enforced abatement of any unlawful condition by the Town.
A.
Any person aggrieved by a notice of the Director of Health
issued in connection with any alleged violation of this chapter or of any
applicable rule or regulation issued pursuant thereto or by any order requiring
repair may apply to the Director of Health for an administrative hearing for
reconsideration of such notice or order, provided that such application is
made within five days after the date the notice or order was issued. If the
Director of Health holds an administrative hearing for reconsideration of
a notice or order, the Director of Health shall prepare a summary of the hearing
and shall state the decision reached. Such summary and statement shall become
part of the public record.
B.
At such a hearing the applicant shall be given an opportunity
to be heard and to show cause why such notice or order should be modified,
extended or withdrawn or a variance granted.
A.
Any person who owns or operates any noise source may
apply to the Director of Health for a permanent or temporary variance from
one or more of the provisions of this chapter. Applications for variances
shall be submitted in writing to the Director of Health and shall supply such
information as required, including but not limited to:
(1)
Information on the nature and location of the facility
or process for which such application is made.
(2)
The reason for which the variance is required, including
the economic and technical justifications.
(3)
The nature and intensity of noise that will occur during
the period of the variance.
(4)
A description of interim noise control measures to be
taken by the applicant to minimize noise and the impacts occurring therefrom.
(5)
A specific schedule of the best practical noise control
measures, if any, which might be taken to bring the source into compliance
with this chapter from which a variance is sought or a statement of the length
of time during which it is estimated that it will be necessary for the variance
to continue.
(6)
Any other relevant information the Director of Health
may require in order to make a determination regarding the application.
B.
Failure to supply the information required shall be cause
for rejection of the application unless the applicant supplies the needed
information within 14 days of a written request by the Director of Health
for such information.
C.
No variance shall be approved unless the applicant presents
adequate proof to the Director of Health's satisfaction that:
D.
In making a determination on granting a variance, the
Director of Health shall consider:
(1)
The character and degree of injury to, or interference
with, the health and welfare or the reasonable use of property which is caused
or threatened to be caused.
(2)
The social and economic value of the activity for which
the variance is sought.
(3)
The ability of the applicant to apply best practical
noise control measures, as defined in this chapter.
(4)
The volume of the noise.
(5)
The intensity of the noise.
(6)
Whether the nature of the noise is usual or unusual.
(7)
Whether the origin of the noise is natural or unnatural.
(8)
The volume and intensity of the background noise, if
any.
(9)
The proximity of the noise to residential sleeping facilities.
(10)
The nature and zoning of the area within which the noise
emanates.
(11)
The density of inhabitation of the area within which
the noise emanates.
(12)
The time of the day or night the noise occurs.
(13)
The duration of the noise.
(14)
Whether the noise is recurrent, intermittent or constant.
(15)
Whether the noise is produced by a commercial or noncommercial
activity.
E.
Following receipt and review of an application for a
variance, the Director of Health shall fix a date, time and location for a
hearing on such application.
F.
The Director of Health shall cause the applicant to publish,
at his/her own expense, all notices of hearings and other notices required
by law, including but not limited to notification of all abutters of record.
G.
Within 30 days of the receipt of the record of the hearings
on a variance application, the Director of Health shall issue his/her determination
regarding such application. All such decisions shall briefly set forth the
reasons for the decision.
H.
The Director of Health may, at his/her discretion, limit
the duration of any variance granted under this chapter. Any person holding
a variance and needing an extension of time may apply for a new variance under
the provisions of this chapter. Any such application shall include a certification
of compliance with any condition imposed under the previous variance.
I.
The Director of Health may attach to any variance any
reasonable conditions he/she deems necessary and desirable, including but
not limited to:
(1)
Requirements for the best practical noise-control measures
to be taken by the owner or operator of the source to minimize noise during
the period of the variance.
(2)
Requirements for periodic reports submitted by the applicant
relating to noise, to compliance with any other conditions under which the
variance was granted or to any other information the Director of Health deems
necessary.
J.
The filing of an application for a variance shall operate
as a stay of prosecution, except that such stay may be terminated by the Director
of Health upon application of any party if the Director of Health finds that
protection of the public health so requires.
K.
In any case where a person seeking a variance contends
that compliance with any provision of this chapter is not practical or possible
because of the cost involved either in installing noise-control equipment
or changing or curtailing the operation in any manner, he/she shall make available
to the Director of Health such financial records as the Director of Health
may require.
L.
A variance may include a compliance schedule and requirements
for periodic reporting of increments of achievement of compliance.
M.
Approval of a variance shall not relieve any person of
the responsibility to comply with any other provisions of federal, state or
local laws, ordinances or regulations.
A.
Whenever, in the judgment of the Director of Health,
an emergency exists which requires immediate action to protect the public
health, safety or welfare, an order may be issued, without a hearing or appeal,
directing the owner, occupant, operator or agent to take such action as is
appropriate to correct or abate the emergency. If circumstances warrant, the
Director of Health may act to correct or abate the emergency.
B.
The owner, occupant, operator or agent shall be granted
a hearing before the Director of Health on the matter upon his/her request
as soon as practicable, but such appeal shall in no case stay the abatement
or correction of such emergency.
