Neighborhood Nuisances - Noise Disturbance State penal code 415 (2) prohibits any person from "maliciously and willfully" disturbing another with loud and unreasonable noise. Her editing background includes newspapers, magazines and books, and her articles have appeared in print and on websites such as Life123 and AccessNurses. Please note that if the information is incorrect or insufficient, the investigation may be hampered and we will be unable to contact you. When determining how to resolve a nuisance violation, an associations board of directors needs to consider the level of board intervention required, whether the board should engage in IDR or ADR with the owners and whether legal action seeking injunctive relief is required. There is no fee to file a complaint. Pet owners are encouraged to be responsible and ensure their pets are safely restricted to their personal property. If you think you know of a potential violation, you may report it as outlined below. She specializes in writing about parenting, frugal living, real estate, travel and food. Assessment fees are collected from building owners that have code violations in order to recover costs incurred by investigations. The Code Enforcement Division investigates complaints of violations of the Building, Plumbing and Electrical Codes and employs abatement procedures to correct code deficiencies. To submit a public records request, please complete theonline form. cigarette smoke, garbage, pets and food), noise (e.g. If an upstairs flooring violation/noise nuisance is alleged, testing can be done to determine the decibel level of flooring noise, and this testing should be paid for and conducted by the complaining owner and submitted with their complaint/ violation notice to the association. Listed below are some common community nuisance issues involving pets, and information regarding the applicable laws and ordinances that address them. The city has placed four microphones atop telephone poles around the airport to monitor noise and issues a citation any time a jet's takeoff noise exceeds the 95-decibel level, Airport. Even a rule that limits recreational activity in the common area may be found to be discriminatory. It is important to note that if an association does not act promptly and decisively in enforcing nuisance covenants and rules, then the association may be barred from enforcing those governing document provisions against an offending owner (and possibly other owners). To ease stress on eastern communities like Inglewood and beyond, LAX implements a procedure called "Over-Ocean Operations", demanding that . Residents who violate a city's noise ordinances may be found guilty of infractions or misdemeanors, such as in Palo Alto and Sacramento. Sometimes, free-roaming cats trespass onto other peoples properties, using flower beds or sandboxes for litter boxes. Over the last several years, we have seen secondhand smoke complaints become more and more common. With respect to smoking within an owners separate interest (home or unit), if smoking within a unit/lot causes a nuisance to another owner, the offending/ smoking owner can be required to take steps to minimize the impact of his/ her smoke on other units to avoid the creation of a smoke nuisance (e.g. floor surface padding, underlayment). safety, and contrary to public interest and, therefore, the City Council of the City of Santa Monica does ordain and declare that creating, maintaining, causing or allowing to be . General Information - City of Santa Ana: City of Santa Ana City Hall (714) 6475400: Alley Clean-up: Public Works Agency (714) 647-3380: Animal Services Including Barking Dogs: . If the noise has ceased by the time the officers arrive, then If the associations CC&Rs include a provision that allows the association to seek removal/eviction of the tenant in the owners name for governing document violations, that may be a viable option for the board; the cost of that legal action would likely be chargeable to the owner as a cost of the enforcement action. In this article, we address six common nuisances: We offer a few methods an associations board of directors can use to address and resolve those nuisances. Pet nuisances are a regular issue at many associations, particularly with respect to dogs. April 9, 2018 - After a year in effect, the federal government's GPS-propelled overhaul of air traffic has resulted in 28 percent of aircraft flying too low over Santa Monica, causing noise that can be "unbearable," City officials said. Do Apartment Tenants Have Any Rights if There Is Excessive Noise Coming From Their Neighbors. To report an acute disturbance that will not subside, call the Police Department at 310-458-8491. The owners can also vote to amend the CC&Rs to prohibit smoking in yards, homes or units. Nevertheless, there are times when certain behaviors disrupt residents peaceful enjoyment of their homes and property. . San Jose, CA 95123-3328, 6 Common HOA Nuisances and How to Handle Them, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. And the association members can vote to approve a CC&R amendment banning smoking in common areas at the development, which would include exclusive use common area balconies and patios. As more people stop smoking (and they are), more and more people are vocally complaining about smoke that is wafting into their homes. Monica, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this Chapter. This is a catch-all provision that can address issues that are not expressly addressed in the associations Governing Documents. Describe your perception of the problem and discuss how the problem affects you, including possible solutions. By filing a report, you must be willing, if necessary, to proceed with a private persons arrest and testify in court against the offender. And, boards should not be vague, arbitrary or unreasonable in their enforcement of nuisance provisions nuisance provisions in governing documents can backfire. Jenna Marie has been editing and writing professionally since 1993. You will receive a link to create a new password via email. T worked, take the documentation and recordings you 've collected to By Hector Gonzalez Special to The Lookout. if there is only one owner making the noise complaint, then this . Attend Neighborhood Organization Meetings and get involved with solving the problem. Airport Noise Complaints (Working Hours)Submit OnlineEmail(310) 458-8692, Airport Leases, Work Orders, and Overnight Parking Permits (Working Hours)More InformationEmail(310) 458-8591, Airport Public Safety Officer (24 Hours)(310) 458-8491, Building & SafetyMore InformationEmail(310) 458-8355, Building EntitlementsMore Information(310) 458-8341, Business LicenseMore InformationEmail(310) 458-8745, Construction and Demolition ApplicationsMore InformationEmail, Field Permit for Youth SportsMore InformationEmail(310) 458-8237, Film PermitsMore InformationEmail(213) 977-8600, Landscape Plan CheckMore InformationEmail(310) 458-8972, x1, Moving Van PermitMore InformationEmail(310) 458-8291, Offsite Improvement PermitMore InformationEmail, Permit ServicesMore InformationEmail(310) 458-8355, Permits for Commercial Fitness TrainersMore InformationEmail(310) 458-8237, Pier Management - Leasing and OperationsMore InformationEmail(310) 458-8712, Private Hauler Application and Waste ReportingMore InformationEmail, ProcurementMore InformationEmail(310) 458-8241, Use of Public Property PermitMore InformationEmail(310) 458-8737, Wireless Facility PermitMore InformationEmail, ZoningMore InformationEmail(310) 458-8341, Billing and UtilitiesMore InformationEmail(310) 458-8224, Fleet Management BillingMore InformationEmail(310) 458-2201 x2309, Big Blue BusMore InformationContact Form(310) 451-5444, City Attorney's OfficeMore InformationEmail(310) 458-8336, City ClerkMore InformationEmail(310) 458-8211, City CouncilMore InformationEmail(310) 458-8201, City Manager's OfficeMore InformationEmail(310) 458-8301, City PlanningMore InformationEmail(310) 458-8341, Code EnforcementMore InformationEmail(310) 458-4984, Community Development DepartmentMore InformationEmail(310) 458-2275, Community Services DepartmentMore InformationEmail(310) 458-8310, Economic DevelopmentMore InformationEmail, FinanceMore InformationEmail(310) 458-8281, Human ResourcesMore InformationEmail(310) 458-8246, Information Services DepartmentMore InformationEmail, Office of Sustainability & the EnvironmentMore InformationEmail(310) 458-2213, Police DepartmentMore InformationEmail(310) 395-9931, LibraryMore InformationEmail(310) 458-8600, Public Rights - Consumer and Tenant HarassmentMore InformationEmail(310) 458-8336, Connect to ServicesMore InformationEmail(310) 458-8411, Building InspectionsMore InformationEmail(310) 458-8359, Landscape InspectionsMore InformationEmail(310) 458-8972, x1, Public Works InspectionsMore InformationEmail, Urban Runoff Mitigation InspectionsMore InformationEmail, After Hours Water and Sewer (Non-Billing)More InformationEmail(310) 434-2672, Alley Maintenance and RepairMore InformationReport an IssueEmail(310) 458-8721, Beach MaintenanceMore InformationReport an Issue(310) 458-8974, Custodial ServicesMore InformationEmail(310) 458-2201 x2277, Facilities Maintenance and RepairMore InformationReport an IssueEmail(310) 458-8523, Graffiti RemovalMore InformationReport an IssueEmail(310) 458-2331, Lost or Damaged Trash, Recycling, or Organics ContainerMore InformationSubmit a RequestEmail(310) 458-2223, Overflowing Public Litter ContainersReport an Overflowing ContainerEmail(310) 458-2223, Pothole and Street RepairMore InformationReport an IssueEmail(310) 458-8721, Promenade MaintenanceMore InformationEmail(310) 458-2201 x6289, Reporting a Broken Parking MeterMore InformationReport an IssueEmail(310) 458-8721, Reporting Streetlight Outages and RepairsReport an IssueEmail(310) 458-8721, Reporting Damaged Traffic SignsMore InformationReport an IssueEmail(310) 458-8721, Street Maintenance and RepairsReport an IssueEmail(310) 458-8721, Tree Emergencies for Evenings and WeekendsMore Information(310) 458-8749, Tree Pruning, Removals or Planting InquiriesMore InformationEmail(310) 458-8974, Beach and Pier Lost and Found(310) 458-8216, Bulky Item Pickup AppointmentsMore InformationSchedule a PickupEmail(310) 458-2223, Cemetery ServicesMore InformationEmail(310) 458-8717, Community GardensMore InformationEmail(310) 458-2201 x2405, Disposable Food Ware QuestionsMore InformationEmail(310) 458-2213, Electric Vehicle ChargersMore InformationEmail(310) 458-2213, Emergency PreparednessMore InformationSign Up For AlertsEmail(310) 458-2263, Farmers MarketMore InformationEmail(310) 458-8906, Household Hazardous MaterialMore InformationEmail(310) 458-2223, Missed Trash, Recycling, or Organics CollectionsReportEmail(310) 458-2223, Risk ManagementMore InformationEmail(310) 458-8910, Santa Monica Swim CenterMore InformationEmail(310) 458-8700, Storm Drain Pollution PreventionMore InformationEmail(310) 458-8235, Street SweepingMore InformationEmail(310) 458-2223, Textile RecyclingMore InformationEmail(310) 458-2223, Trash, Recycling, or Organics CollectionsMore InformationEmail(310) 458-2223, Water Conservation ConsultationMore InformationEmail(310) 458-8972, x1, Water NeutralityMore InformationEmail(310) 458-8972, x1, Water or Sewer Issues (Non-Billing)More InformationReport an IssueEmail(310) 458-8531, Water QualityMore InformationEmail(310) 434-2672, Water RebatesMore InformationEmail(310) 458-8972, x1, Water WasteMore InformationEmail(310) 458-8972, x1, Zero WasteMore InformationEmail(310) 458-2223, Mobility on Demand (MODE)More InformationEmail(310) 458-6633, Parking OperationsMore InformationEmail(310) 458-8295, Traffic SignalsMore InformationReport an IssueEmail(310) 458-8525, Transportation Demand Management (TDM)More InformationEmail(310) 458-2201 x2534, Transportation EngineeringEmail(310) 458-8291, Transportation PlanningMore InformationEmail(310) 458-8291, Traffic Signs and MarkingsMore InformationReport an IssueEmail(310) 458-8522, Enter your email to sign up for news and updates from the city, Public Rights - Consumer and Tenant Harassment, Calling 311 in Santa Monica, or 1-866-311-SAMO from anywhere during. The law concerning prohibited construction noise is governed by Santa Monica Municipal Code 4.12.110 as follows: Place the items on the curb or . For example, in Los Angeles, the police department enforces noise generated by people, while the Department of Animal Regulation handles noise complaints about animals. Nuisances can be dealt with in the same manner as other governing document violations. if there is only one owner making the noise complaint, then this matter could be a neighbor-to-neighbor dispute; nuisance issues need to be addressed with deference to the sensibilities of an average person, not a hypersensitive person; and. * This is required for contact/response purposes. The notice will order the owner or custodian to abate the excessive noise within 10 days of the notice (compliance date). (Ord. Find 2 listings related to Noise Complaints in Santa Monica on YP.com. Many associations CC&Rs or other Governing Documents, especially those that are older, do not prohibit hard surface flooring, but most cities have ordinances that require a low threshold for required sound attenuating materials (e.g. These protests may occur between 7 a.m. and 8 p.m. on weekdays or 8 a.m. and 8 p.m. on weekends, city staff said. To ensure that a boards actions with respect to nuisance issues are defensible, and that the association is properly addressing the situation and protected, an associations board should always confer with association legal counsel when dealing with nuisance issues that may involve: possible legal action against an owner, resident or the association; statutory protections; complicated facts; and/or fair housing laws. State penal code 415(2) prohibits any person from maliciously and willfully disturbing another with loud and unreasonable noise. It is unlawful to allow dogs to run at large. In certain cases, an association can force the removal of a pet that becomes a nuisance, and the association in such a case can seek reimbursement of its attorneys fees when prevailing in that enforcement action. When filing a complaint, please provide the following information. The Landlord's Responsibility for Smoke Alarms After Tenants Take Possession in California. The Code Enforcement Division is responsible for enforcing tenant harassment cases relating to active code cases, construction, relocation or violations of buyout agreements. You can advise the Police Department of your specific intent to do so and assist the officer by providing documentation as to prior efforts made to resolve the problem. For example, in some cities, interior sound level measurements must be taken from inside the unit at a spot at least 4 feet from the wall, ceiling or floor that is closest to the source of the noise. Before 8 a.m. or after 6 p.m. on Monday through Friday, except that construction activities conducted by employees of the City of Santa Monica or public utilities while conducting duties associated with their employment shall not occur before seven a.m. or after six p.m. on Monday through Friday; Before 9 a.m. or after 5 p.m. on Saturday; All day on New Years Day, Martin Luther Kings Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, as those days have been established by the United States of America. noise nuisance complaints are always fact specific, and may need to be dealt with differently depending on whether the noise issue is ongoing or was a one-time event. Santa Clarita residents expressed a mix of support and frustration during the first of two special public hearings hosted by the Santa Clarita City Council Wednesday evening as the city and . Contact information (Phone number with area code, cell number if possible, email)*, Exact property address of where the problem/hazard exists, Exact/specific statement describing the problem or concern. endobj Failure to provide this information may prevent the Division from responding to your complaint or inquiry in a timely manner. However, if multiple owners are complaining about smoking on the balcony or patio or yard, this is not a neighbor-to-neighbor issue or dispute. State and federal fair housing laws do not allow an association to discriminate on the basis of a residents or guests age, and an association should not adopt or enforce any governing document provision that treats children differently or refers to them separately. If this is a neighbor-toneighbor dispute in which the association has become involved, the association would serve on the complaining and smoking owners a Request for Resolution, pursuant to Section 5900 of the Civil Code. Most nuisance issues involving children relate to noise nuisances, which are discussed above. Dogs at large may be hit by cars, attacked by other animals, or exposed to dangerous substances such as poisons. In Santa Monica, the city will do up to three bulk pick-ups a year per residential unit. Each subsequent violation after the third violation withinone year of the original complaint is an additional infraction punishable by a fine of up to $500. A board might consider engaging in a three-way mediation with the two owners and the association, with the board or the associations legal counsel acting as facilitator, to try and help resolve the issue and avoid the association being named, and having to defend itself, in a lengthy and expensive enforcement action/lawsuit. By Phone - Call the Code Enforcement office at (310) 458-4984. The above said, boards and managers should keep in mind that the smoking conduct needs to be evaluated with respect to the impact it would have on a person of ordinary and reasonable sensibilities, not a hypersensitive person. from Approach & Departure end of Runway. Start on editing, signing and sharing your Housing Complaint - City Of Santa Monica online following these easy steps: Click on the Get Form or Get Form Now button on the current page to direct to the PDF editor. For example, the San Francisco Noise Ordinance Section 2909 states that apartment tenants should not be able to hear more than five decibels above ambient levels from three feet away from a common partition. While the California Noise Control Act sets the minimum requirements, communities can implement variations, and California cities set strict guidelines to control excessive noise. If the nuisance issue is not resolved after these enforcement actions are taken, the board will need to decide if the nature of the dispute, its impact on the community and the cost in terms of money and time warrant the association filing an enforcement action/lawsuit against the owner. If a tenant violates the governing documents, the owner should be advised of the violation and called to a hearing, as appropriate (the association has no authority or right to discipline a tenant, as the tenant is not a member/owner). 85-0204 23, 1985: Ord. Additionally, we respond to customer complaints of potential Municipal, Building, Zoning and Health and Safety Code violations and initiate fair and unbiased enforcement action to correct those violations and educate property owners to maintain code compliance. For example, the lease may specify that tenants who receive a noise complaint are violating the lease agreement and must comply or vacate. The California Noise Control Act of 1973 gave cities and communities the power to set noise ordinances and enforce them as necessary. The notice will order the owner or custodian to abate the excessive noise within 10 days of the notice ("compliance date"). If an association does not have a formal violation and/or hearing policy, the associations board should adopt one to ensure compliance with Civil Code Section 5850. Construction Noise Complaint The law concerning prohibited construction noise is governed by Santa Monica Municipal Code 4.12.110 as follows: No person shall engage in any construction activity during the following times anywhere in the City: I had a renter receive a $350 noise complaint ticket. Subsequent Violations. Nuisance violations should be addressed by an associations board of directors in the same manner as other types of governing document violations. Landlord here. We are often contacted by managers or board members regarding nuisance complaints related to children. . The section also assists in the preparation and issuance of Emergency Orders for imminent hazards arising from natural disasters and emergencies. At Tuesday night's meeting, the Council admitted that Supervisor Kuehl never complained about the protests nor the amplified noises. However, in many instances, as stated above, smoking complaints between units are considered a neighbor-to-neighbor dispute that may not affect the community as a whole. Pet owners who fail to pick up waste deposited by their pets while on walks also contribute to unsanitary conditions for others. There are limits to how far rules can go. Some cities, like Pasadena, have even adopted ordinances prohibiting smoking within residences in multi-dwelling buildings, which would include owners units in an associations development. Maximum Noise Level - Maximum allowable limit of. download, print, complete and mail this form to code.enforcement@smgov.net. For example, the City of Santa Monica adopted an ordinance in 2010 that prohibits smoking within 15 feet of any window or door of an apartment or condominium unit; this ordinance effectively prohibits smoking on balconies and patios at any condominium project in Santa Monica. The most common of these complaints relates to hard surface flooring, in that the presence of hard surface flooring (such as wood, tile or stone) amplifies noises related to walking, moving furniture, exercise regimens and play activities. SMMC 4.56.020 prohibits harassment of tenants by landlords or their representatives. From filing a noise complaint to getting a tree planted on your block. Even so, it's not unreasonable to actively seek quieter zones. TTY (310) 917-6626 Disclaimer| Privacy Policy| Accessibility Policy| Contact Us 5669 Snell Avenue, #249 In that case, the board may determine that the association has no obligation to address or resolve the issue. 2 0 obj Noise Complaints: Police Department (714) 834-4211: Obstructing Bushes & Trees: Public Works Agency (714) 647-3380: Orange County Fire Authority: The goal of the state and local governments is to prohibit . Following are three considerations the board should keep in mind: With respect to these types of nuisances, which tend to be more technical to deal with than other types of nuisances, it is advisable for a board to contact association legal counsel to formulate a plan to address the dispute and confirm the associations responsibility (if any) to resolve the dispute. The State of California recognizes that some types of noise are a serious health hazard and has enacted laws to abate noise pollution as much as possible. When addressing these complaints, always refer to children as persons (which they are) to avoid the slippery slope of fair housing violation complaints. xe;r~" ohK aXs/c1NfGU:G?[U~~Y~$?E8?w~N]R~_Sw5mW+RJ^1?;cZy&5 T;F1}BU^If=$vcN&V=F9f1s?1#~Ias\ZO {K;c}_cK8d2c?k_:x`lN2?8Xm sn':+Zf6?p1A=VaW;y`>>jjC>jiqg}2*|$L @yI]Uy' g$S}Fd0h@ }]5SpaO;?)e:uDXRgN He -tnmWY5`,82:1%KNNKn8E `_'3)JuY>9oo:%x:Is3FPRo7Z. If the neighbor is a tenant of your landlord, then you must get the landlord involved. Sandra L. Gottlieb, Esq., and David Swedelson, Esq. A board should always check with association legal counsel if it is considering making this determination to ensure it is in a defensible position to make that determination. This section also initiates follow-up enforcement when cases have been referred by other divisions within City by holding Directors Hearings and referring cases to the City Attorney for litigation. The amended ordinance limits the use of sound amplifying equipment, imposes distance from a targeted residence and sets time restrictions on residential neighborhoods. A second violation occurs if the animal owner or custodian fails to stop the excessive noise by the compliance date. Executive Council of Homeowners, Inc. Reasonably speaking, however, a teacher grading papers, a lawyer reviewing documents, an accountant preparing tax returns, etc., would not be a commercial activity. A third violation occurs after a second violation if the animal owner or custodian fails to stop the excessive noise within 10 days after the notice of the second violation is mailed. Tenants who believe harassment has occurred should complete the onlineTenant Harassment Complaint form. Or for complaints of early trash pick-ups, early deliveries, early construction and music emitting from night clubs, you can contact the Noise Enforcement Team at 213-996-1250. In fact, several associations have been fined by Fair Housing authorities for these types of rules. If an owner continually fails to comply with the associations smoking restrictions, the board will need to meet with the owner in internal dispute resolution (IDR often referred to as a meet and confer) and/or alternative dispute resolution (ADR such as mediation or arbitration). Copyright 2023. The issue is whether the use of a home for commercial purposes will impact the residential character of the community. If you are unsure about what records might exist, please contact the City Clerks Office at (310) 458-8211 for assistance. 1 0 obj In the city of Palo Alto, that distance is six feet from a shared wall, ceiling or floor in a multifamily residential property. When do these issues qualify as a nuisance and when is the board obligated to act? Her nonfiction book was published in 2008. This includes regularly removing and disposing of pet waste from ones private property as well as removing and discarding their pets waste that has been deposited on others property as well as public property. Many associations CC&Rs require an owner to provide the CC&Rs and other governing documents to a tenant before the tenant moves into the owners property, and some CC&Rs require owners to include a reference to the CC&Rs and other governing documents in the tenants lease with a statement that a violation of the associations governing documents is grounds for immediate termination of the lease. Airport Noise Complaints (Working Hours) Submit Online Email (310) 458-8692 Airport Leases, Work Orders, and Overnight Parking Permits (Working Hours) More Information Email (310) 458-8591 Airport Public Safety Officer (24 Hours) (310) 458-8491 Applications, Permits and Licenses Building & Safety More Information Email (310) 458-8355 Typically, we hear that owners are complaining about kids playing in the common area, claiming that there is too much noise. Ask the landlord to enforce the lease of the offending neighbor to make sure the problem does not happen again. Night Departure Curfew - No takeoffs or engine starts,. The Los Angeles noise ordinance is between the hours of 7am-9pm. Contact Swedelson- Gottlieb Senior Partner David Swedelson at dcs@sghoalaw.com. 29525 Agoura RoadAgoura, CA 91301(818) 991-0071, 4275 North Elton StreetBaldwin Park, CA 91706(626) 962-3577, 216 W. Victoria StreetGardena, CA 90248(310) 523-9566, 31044 North Charlie Canyon RoadCastaic, CA 91384(661) 257-3191, 11258 South Garfield AvenueDowney, CA 90242(562) 940-6898, 5210 West Avenue ILancaster, CA 93536(661) 940-4191, 38550 Sierra HighwayPalmdale, CA 93550(661) 575-2888, Click Here to Find the Animal Care Center That Provides Service to Your Area, Information on pet-friendly housing in the Unincorporated Areas, Youth and School Community Service Volunteering. These protests may occur between 7 a.m. and 8 p.m. on weekdays or 8 a.m. and 8 p.m. on weekends, city staff said. If a balcony or patio (or terrace or deck) appurtenant to a residence is exclusive use common area, then an associations board can likely adopt an operating rule banning smoking in the common area, which will apply to those appurtenant areas. Various organizations are responsible for enforcing noise ordinances and laws for each city. Make Contact with the responsible person. YP advertisers receive higher placement in the default ordering of search results and may appear in sponsored listings on the top, side, or bottom of the search results page. As for complaints about loud noises unrelated to the type of flooring in a unit above, such as noise nuisances related to music, televisions and home theaters, parties, bedroom activities and vibrational energy (from speakers and other noise devices), those complaints need to be investigated and/or evaluated on a reasonable basis by the board. What about barking dogs? There are newer noise standards written after bad experiences with AirBNB. To avoid any fines check these out the guidelines we discuss below or call . Search results are sorted by a combination of factors to give you a set of choices in response to your search criteria. Santa Monica Municipal Code If an owner violates the smoking restriction, then the board should call the owner to a properly noticed hearing before the board with an opportunity to be heard, and it can then impose discipline (e.g. use air circulators/fans/cleaners, not smoke near open windows, seal air ducts). But city staff stated in its report that the protests which went on for several weeks and involved nightly, hours-long uses of amplified sound generated multiple complaints from residents. If an owner violates an associations restrictions on commercial use of their unit or home, the association can levy fines, engage in IDR, ADR or an enforcement action against the owner. Excessive noise can impact people's health and well-being, according to the California Health and Safety Code. The amended ordinance limits the use of sound amplifying equipment, imposes distance from a targeted residence and sets time restrictions on residential neighborhoods.

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