75C - PH - CENTENNIAL RSCCD STUDY

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1a1I201S Santa Ana, CA Code of Ordinances EXHIBIT 2 During the five-year period following the effective date of this article, the noise standards enumerated in sections 18-312 and 18-313 shall be increased eight (8) dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this article. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-317. - Noise level measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-318. - Manner of enforcement. The chief of police, the Orange County health officer and their duly authorized representatives are directed to enforce the provisions of this article. The chief of police, the Orange County health officer and their duly authorized representatives are authorized, pursuantto Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this article while such person is engaged in the performance of his duty. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-319. -Variance procedure. The owner or operator of a noise source which violates any of the provisions of this article may file an application with the Orange County health officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee as established by resolution of the city council. A separate application shall be filed for each noise source; provided however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the health officer shall refer it with his recommendation thereon within thirty (30) days to the Orange County Noise Variance Board for action thereon in accordance with the provisions of applicable law. An applicant for a variance shall remain subject to prosecution under the terms of this article until a variance is granted. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-320. - Appeals. Within fifteen (15) days following the decision of the Orange County Variance Board on an application, the applicant, the health officer, or any member of the city council, may appeal the decision to the city council by filing a notice of appeal with the secretary of the Orange County Variance Board. In the case of an appeal by the applicant for a variance, the notice of 75C-259 M.