202 Edwards St SW Ms Kangas ReplyCity of Yelm:
Grant Beck, Director
Department of Community Development
Gary Carlson, Building Official
Shelly Badger, City Administrator
Adam Rivas, Mayor
Re: Noise nuisance generated by Harding Evergreen
I received the decision made by Grant Beck stating the Community Development
Department has completed its investigation of the noise levels generated by Harding
Evergreen. The department has determined there is no violation of adopted noise
regulations based on Section 17.57.030 Yelm Municipal Code.
The "special inspection and field testing" report from Construction Testing Laboratories,
Inc states decibel readings were recorded at 4 points along the border of the receiving
property. The first two locations recorded 49 dBA (compressor off) and the last two
recorded 50 dBA (compressor running)... a highly unlikely difference of 1 dBA. I think
the study is flawed for a number of reasons. The last two recordings were not done
within the line of sight between the noise source and my apartment. The recordings
were obviously not done over an appropriate amount of time to achieve an accurate
assessment of the decibel levels during all of the cycles of the compressor (some cycles
are quieter than others). A 24 hour period would have been appropriate to determine the
noise levels (decibels can vary over a 24 hour period. Changes in weather and
background noise affects decibel levels as well). There is also the question of
calibration... when was the meter last calibrated and is it accurate?
The decision was based on Section 17.57.030 Yelm Municipal Code (Environmental
Performance Standards- Noise).
I submit a request for reconsideration based on Section 9.44.010 Yelm Municipal Code
(Public Nuisances):
I. "Public Nuisance" and "Nuisance„ each mean and consist of doing an unlawful
act, OR omitting to perform a duty, uK suffering OR permitting any condition or
thing to be or exist, which act, omission, condition or thing either:
1. Unreasonably injures or endangers the comfort, repose, health or safety of
others,
My statement in the Citizen Action Request form I submitted on July 28, 2003 stated my
comfort, repose, and health are degraded by the noise nuisance. I can not enjoy a cup of
coffee on my deck without the annoying noise from the compressor across the street. I
would like to keep my windows and doors open on hot days and not have to tolerate the
noise. This summer broke temperature records and duration records for days without
rain, so doors and windows open made the heat more tolerable and safer (from heat
exhaustion/stroke). To enjoy television I have to turn up the volumn or keep the doors
and windows closed. I can not sleep with my bedroom window open without the noise
disrupting my sleep (I sleep better with a window open for fresh air). I have health issues
that are aggravated by stress and potentially life threatening (hypertension for one thing).
The compressor noise is annoying and a source of stress in my life (studies have shown
noise can cause irritability, raise blood pressure, sleep deprivation, emotional breakdown,
and suicide.... even when people claim to be "used to the noise" and that they "don't
notice it ". The physiological and psychological affects have been studied and
documented, as I am sure you are aware. ).
And further based on:
9.44.015 Prohibited Conduct. It is a violation of this chapter for any person to
permit, create, maintain, or allow, upon any premises, any of the acts or things
declared in section 9.44.010 or 9.44.020 to be a public nuisance, or to fail to
abate such a nuisance pursuant to lawful notice given under chapter 9.48 of the
Yelm Municipal Code.
Section 4. Section 9.44.020 is amended as follows: Section 9.44.020 Nuisances
Declared. The following specific acts, omissions, places and conditions are
declared to be public nuisances:
A. Erecting, continuing or using any building or otherplace in the cityfor the
exercise of any trade, employment or manufacture, which by occasioning
noxious exhalation, offensive smells OR other annoyances, becomes injurious
and dangerous to the health, comfort or property of individuals or the public;
K. Placing, depositing, keeping, having or leaving in or upon any private lot,
building, structure or premises, or in or upon any street, avenue, park, parkway
or public or private place in the city any one or more of the following conditions,
places or things:
10. The emitting of loud and raucous noise, from whatever the source or location,
in a manner which, under the circumstances, unreasonably disturbs others.
11. Causing or allowing any other nuisance as defined in section 9.44.010 or other
provision of the Yelm Municipal Code.
I learned that there have been many complaints (making the complaints reasonable
because of the number of people who have been annoyed by the noise) over the years.
The manager (at least he told me that was his title. His grandmother lives in the home on
the Harding property) confirmed that there have been many complaints in the past. Yet
the owners refuse to abate the noise... even by simple solution. I suggested they park
their large truck next to the compressor to lower the noise level after I witnessed a major
decrease in the noise level when a large 18 wheel truck was parked next to it. A simple
solution that was declared unacceptable by the manager because he feared the
truck would be vandalized (is it not insured and why not put up security cameras? ... they
are inexpensive now...) if he moved it approximately 30 from where it is always parked.
The "manager" said his grandmother can view it from her window where it is parked
now. Half the residents in Rainier Apartments would be able to see it parked anywhere
in Harding's parking lot. I think it is reasonable to assume more people would be witness
to vandals if it were parked next to the compressor, which should deter vandalism rather
than encourage it. There are reasonable and inexpensive solutions to permanently abate
the noise yet the owner refuses to abate the noise (unreasonable).
Regarding enforcement:
Section 9.48.010 Abatement Procedure.
A. Upon receipt of information or upon personal observation that a nuisance
exists as defined in chapter 9.44 of the Yelm Municipal Code, the enforcement
officer shall cause an investigation of the matter and premises involved. If the
enforcement officer determines that a nuisance exists he or she shall file a
written finding to that effect with the city clerk.
B. After having filed a finding that a nuisance exists, the enforcement officer shall
require the owner of the premises involved to abate the nuisance at his or her
own cost and expense, in whole or in Dart. The enforcement officer shall give
written notice to the owner as prescribed in this section, describing the property
involved, the condition to be corrected, and a specified reasonable time within
which the owner must correct the condition, which shall be not less than five (5)
days, or ten (10) days from the date of service by mail as evidenced by the
postmark on the notice. The notice must further specify (a) that if the owner fails
to abate the nuisance within the specified period of time, the city shall cause the
work to be performed and shall assess all or any portion of the cost thereof
against the owner; (b) that the owner may be liable for civil penalties for each day
or part of day that the condition continues to exist following the notice, (c) that the
owner alternatively may be liable to criminal prosecution, as provided in this
chapter; and (d) that the owner has a right to appeal the notice as provided in
subsection E of this section. The required notice shall be in substantially the
following form:
NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE)
Again, I am asking that the City of Yelm enforce it's laws and serve it's citizens
with all due consideration and without prejudice.
WAC 173 -60 -060 Nuisance regulations not prohibited. Nothing in this chapter or
the exemptions provided herein, shall be construed as preventing local government from
regulating noise from any source as a nuisance. Local resolutions, ordinances, rules or
regulations regulating noise on such a basis shall not be deemed inconsistent with this
chapter by the department.
Please consider this in your decision making process
Sincerely,
Karen Kangas