1292.17 PUBLIC INQUIRIES AND COMPLAINTS REMEDIES.
   (a)   The facility owner and operator shall maintain a telephone number and identify a responsible person for the public to contact with inquiries and complaints.
   (b)   The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.
   (c)   In the event that a nonparticipating landowner alleges that the wind energy turbine is not in compliance with the noise requirements of this Chapter, the procedure shall be as follows:
      Noise Complaint.
      (1)   Notify the Building Commissioner in writing regarding concerns about noise level.
      (2)   If the complaint is deemed sufficient by the Building Commissioner to warrant an investigation, the Building Commissioner will request the aggrieved property owner deposit funds in an amount sufficient to pay for a noise level test conducted by a certified acoustic technician to determine compliance with the requirements of this Chapter.
      (3)   If the test indicates that the noise level is within Ordinance noise requirements, the City will use the deposit to pay for the test.
      (4)   If the wind energy turbine owner(s) or operator(s) are in violation of the Ordinance noise requirements, the owner(s) shall reimburse the City for the noise level test and take immediate action to bring the WET into compliance which may include ceasing operation of the WET until Ordinance violations are corrected. The City will refund the deposit to the aggrieved property owner.
(Ord. 10-85. Passed 11-16-10.)