(A) Any person who violates any provision of this title is guilty of an infraction and shall be punished as provided in § 1.12.011 of this code.
(B) Each separate noise violation under this title without an exception therefore shall constitute a separate offense; provided, however, that in the event of an initial violation of the provisions of this title, a written notice shall be given the alleged violator which specifies the time by which the condition shall be corrected or an application for exception shall be received by the Director of Development Services. In the event the alleged violator cannot be located in order to serve the written notice, such notice shall be deemed to be given upon posting or leaving the notice in a conspicuous location at the place from which the noise emanates, or by mailing the notice by registered or certified mail to the alleged violator at his or her last-known address or at the place where the violation occurred, in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice or 30 minutes after the posting or leaving of the notice as provided in this section.
(C) As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this title which operation or maintenance causes or creates sound levels or vibration exceeding the allowable standards as specified in this title shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Any violation of this title is declared to be a public nuisance and may be abated in accordance with law and the provisions of this Municipal Code.
(Ord. 4395, passed 5-22-00; Am. Ord. 4611, passed 2-11-13)