Diary of Events

1/21/2011 Meeting re-scheduled with Jonathan Josephson

1/17/2011 Rickey Jones emails to say he will attend the meeting along with rep from OTD Services.

1/14/2011 Meeting canceled with Jonathan Josephson

1/11/2011 Meeting scheduled with Jonathan Josephson

1/3/2011 Howard Lazarus emailed to say he had spoken with Code Compliance and that they would set up a meeting with me.

12/13/2010 Howard Lazarus responds and says he is not the current City Manager but he will contact Code Compliance and see what he can find out.

12/7/2010 Email city manager Howard Lazarus asking for his help.

12/2/2010 emailed Lia Warner and Willie Rhodes explaining the case and how Mr. Potts will not clarify if after hours code violations were looked into or if they will be in the report. I ask to meet with one of them to review my case. I receive no response

12/2/2010 I again email Mr. Potts asking specifically if the after hours violations will be in the report. I receive no response from Mr. Potts.

12/2/2010 Mr. Potts responds on and says ” His report will indicate that he found no mechanical noise that we in Code enforce” and says nothing about the after hours noise violations.

11/29/2010 emailed Mr. Potts asking if the after hours violations will be in the report.

11/19/2010 emailed Mr. Potts and Mr. Collins asking for status on case # 10-084599.

10/19/2010 emailed Mr.Potts asking if the report is finished and can I get a copy. Mr. Potts says he should know something by the next morning. I receive nothing the next day.

10/12/2010 Mr. Jones and Mr. Potts emailed saying that I would check back with them on Monday 10/18/2010 to see what they had found out.

10/11/2010 Mr. Potts is emailed asking if there is a definition for “mechanical equipment” in the Austin City Code.

10/11/2010 APD Rickey Jones is emailed asking if APD is responsible for after hours noise code enforcement. Mr. Jones says it is not and that he will have to get with Mr. Potts to clarify.

10/11/2010 Mr. Potts is emailed asking “If OTD Services is making after hours noise how do we get the Austin City code enforced?” Mr Potts responds that it is an issue handled by APD.

10/8/2010 I call APD Rickey Jones and ask if it is APD’s responsibility to enforce the after hours noise code. He says it is not.

10/7/2010 Mr. Potts responded by saying he had asked Mr. Collins not to respond “until we filter through our Legal Office”.

10/7/2010 Mr. Collins called to explain what had been done about my complaint. I followed his phone call with a email asking him to confirm what was discussed:

1. You went out to the Recycling Plant at 7400 FM969 and did a sound
measurement. You had them turn on all mechanical equipment and you
measured the sound from the property line and non of the mechanical
equipment exceeded the 70db limit.

2.The trucks operating on the property did exceed the 70db limit.

3.You stated that any code violations from noise generated by mechanical
vehicles (garbage trucks, semi trucks, skip loaders, fork lifts) or
noise that is a consequence of mechanical vehicles (banging on
dumpsters, revving motors, hydraulics) is not handled by Code
Enforcement and are instead handled by APD.

4. Any after hours noise code violations (10:30pm to 7:00am) from
mechanical vehicles or the noise that is a consequence of mechanical
vehicles is also handle by APD and not code enforcement.

10/4/2010 Reply Received from Christopher Johnson. Mr. Johnson again explained that OTD Services was in compliance and had all zoning permits.

!0/3/2010 Reply received from Director of Planing and Review, Greg Guernsey.

10/1/2010 Email sent to the Director of Planing and Review, Greg Guernsey asking why the recycling plant was given a permit to operate 100 feet from a residential neighborhood.

9/30/2010 Email sent to both Troy Collins and Rickey Jones asking why the sound report created by a State licensed engineer is not proof enough that the recycling plant is in violation of the sound code.

9/29/2010 email sent to Troy Collins confirming what was talked about in our phone conversion.

9/29/2010 311 operator “Johnny” says that Code enforcement does handle sound violations if the sound is being generated by machinery.

9/29/2010 Troy Collins returns call. Says he is still looking into what to do. Says that Code Enforcement does not have a way of measuring sound violations. Says he will get clearance from his manager to go to recycling plant after hours to see if they are in violation.

9/28/2010 APD Rickey Jones returns email saying “I will get in contact with him (Troy Collins) and try to find out what is the hold up”.

9/28/2010 Contacted Keith Leach in the code enforcement office to report problem contacting Troy Collins. left a message to call me back.

9/28/2010 Called 311 to file a formal complaint with city code enforcement. A case #172687 ( CODE ENFORCEMENT CASE # 10-084599) was generated and i was told someone would contact me within two business days or i could call back and get the name of an inspector assigned to this case. I was told to contact Keith Leach in code enforcement to report problem contacting Troy Collins.

9/28/2010 Emailed APD Rickey Jones asking if he could help us move the process along as we were not getting any response from zoning enforcement officer Troy Collins.

9/28/2010 Emailed zoning enforcement officer Troy Collins asking why he had not responded to my emails.

9/27/2010 Email sent to zoning enforcement officer Troy Collins asking what the next step is and when it will be taken.

9/24/2010 No response from zoning enforcement officer Troy Collins.

9/23/2010 Both Chris and Adam called 311 at 11:20 and filed a complaint. Adam spoke with officer after he responded to the call. Officer said to contact area rep Rickey Jones.

9/22/2010 Karen Called 311 at 11:15 and filed complaint.

9/22/2010 Email sent to zoning enforcement officer Troy Collins asking if complaints already filed with 311 can be used to begin investigation. No response from Mr. Collins.

9/21/2010 Both Adam and Chris called 311 and filed complaint after hours.

9/21/2010 Sent zoning enforcement officer Troy Collins video and photos of recycling plant operating after hours.

9/20/2010 Met with zoning enforcement officer Troy Collins. Mr. Collins said he would look into law and should know something by Friday, 9/24/2010.

9/15/2010 Met with APD Mr. Rickey Jones. Mr. Jones said to Set up meeting with zoning enforcement officer Troy Collins. He also said to continue to call 311 to report after hours operation.

9/7/2010 Sound measurement taken showing that recycling plant is in nearly constant violation of the 70 db sound ordnance between 7:00AM and 7:00PM.

8/27/2010 Sent Mr Johnson follow up email asking WHY recycle plant was given permit when it is 100 ft from our neighborhood but received no response.

8/26/2010 Mr. Johnson responds with no clear answer on why zoning was given to recycling center 100 feet from neighborhood. Does say “This property would be subject to the noise ordinance, just as any other property in the City”.

8/23/2010 Carol Raney forwards email to Chris Johnson (974-2769) Manager, Development Assistance Center.

8/17/2010 – Emailed Carol Raney with questions.

8/12/2010 – Called Carol Raney 974-3469 in city Zoning as she is listed as the “Commercial Zoning Reviewer” for Permit case number 2008-077776 PR – She will be returning to the office on 8/16/2010

8/14/2010 Video and photos emailed to APD Rickey Jones showing after hours operation by recycling plant.

7/28/2010 APD Rickey Jones ask for proof in the form of videos showing after hours operation by the recycling plant.

7/20/2010 Contacted 311 about noise complaint / wrong zoning for recycle plant – Brent McDonald 974-9030 is assigned to case # 10061765. Mr. McDonald says there is nothing they can do about the recycling plant being given a permit to operate within 100 ft of our neighborhood. He says to contact city zoning.

7/16/2010 City of Austin responds to formal complaint about noise generated by recycling plant by asking that we contact APD Rickey Jones. APD Rickey Jones contacts recycling center. APD Rickey Jones is told by Recycling plant manager, David Smith “David Smith said he only runs one machine after 5pm with only makes a belt sound at times but the other machines are turned off. Also there is no truck loading after 10 pm inside the yard.”.

7/8/2010 Formal complaint emailed to City of Austin council members.

Multiple calls made to recycling plant manager Tony Gerber in early 2010 asking that the recycling plant not operate after 10:30pm. In the last conversation Mr. Gerber says “I’m trying to run a business” and hangs up the phone with no further conversation or contact.




Recycling Plant in violation of the following city codes:

You cannot make any noise or play an instrument that is audible at an adjacent business or residence between 10:30 PM and 7:00 AM

The noise level of mechanical equipment may not exceed 70 decibels at the property line.

In a Traditional Neighborhood District, the noise level of mechanical equipment is limited to 70 dBA at the property line [25-3-86]




Additional possible violations:

(A) Except for lighting in a public right of way, all exterior lighting must be hooded or shielded so that the light source is not directly visible from adjacent properties. Exterior lighting may not exceed 0.4 foot candles across the source property line.

(E) Commercial, multi-family, and condominium uses must be screened in accordance with this subsection. Yards, fences, vegetative screening, or berms shall be provided to screen off-street parking areas, mechanical equipment, storage areas, and areas for refuse collection. If fences are used for screening, the height may not exceed six feet unless otherwise permitted in the Land Development Code. The property owner is responsible for the upkeep and maintenance of fences, berms, and vegetative screening.

Noise
§9-2-4 Restriction on Decibel Level.
A person may not operate sound equipment at a business that produces sound:
(1) In excess of 85 decibels between 10:00 a.m. and 2:00 a.m., as measured at the
property line of the business; or
(2) Is audible at the property line of the business between 2:00 a.m. and 10:00 a.m.
Source: 1992 Code Section 10-5-4: Ord. 031023-13; Ord. 031211-11

From: austinnoise.org

42.01. DISORDERLY CONDUCT. (a) A person commits an

offense if he intentionally or knowingly:

(5) makes unreasonable noise in a public place other

than a sport shooting range, as defined by Section 250.001, Local

Government Code, or in or near a private residence that he has no

right to occupy;

(1) an act is deemed to occur in a public place or near

a private residence if it produces its offensive or proscribed

consequences in the public place or near a private residence; and

(2) a noise is presumed to be unreasonable if the noise

exceeds a decibel level of 85 after the person making the noise

receives notice from a magistrate or peace officer that the noise is

a public nuisance.

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