(A) Upon the receipt of a valid complaint as defined below, or upon direct observation of a potential violation by the Sheriff, the Code Enforcement Officer or their duly authorized representatives, the San Benito County Sheriff or Code Enforcement Officer, or their duly authorized representatives may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this chapter.
(B) A valid complaint must be signed by at least two complainants who represent at least two separate properties within 500 yards of the sound-producing property. Addresses of the complainants must be provided and include the following:
(1) Identify and provide an address for the person who committed the excessive noise disturbance;
(2) State the date that the excessive noise disturbance occurred and identify the starting time and ending time of the disturbance;
(3) Identify where the disturbance occurred and describe that location;
(4) Identify the sound-producing device used during the disturbance;
(5) Identify one of the complainants as a contact person within the complaint;
(6) Describe the excessive noise disturbance and explain why it was unreasonably disturbing; and,
(7) State whether a deputy or enforcement officer visited the sound-producing property while the disturbance was occurring. If this did not occur, the complaint must include a description of the complainant's efforts to contact enforcement authorities while the disturbance was occurring. The complainant must have made a good faith effort to contact enforcement authorities while the disturbance was occurring or the excessive noise disturbance complaint will be deemed insufficient.
(C) If such officers have reason to believe that any provision(s) of this chapter has been violated, they may cause written notice to be served upon the alleged violator. Such notice shall specify the provision(s) of this chapter alleged to have been violated and the facts alleged to constitute a violation, including dBA readings noted, if applicable, and the time and place of their detection, and may include an order of corrective action be taken within a specified time.
(D) If corrective action is not taken within such specified time or any extension thereof approved by the Code Enforcement Officer, upon conviction, the violation shall constitute an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(E) Any subsequent violation of this chapter within 12 months from a conviction for violating any provisions of this chapter and/or the forfeiting of bail in connection with a prior violation of this chapter is a misdemeanor.
(F) Provisions of this chapter are to be construed as an added remedy of abatement of the pubic nuisance declared and not in conflict or derogation of any other action, proceedings or remedies that may be abated in accordance with the provisions of Chapter 1.03 (Code Enforcement Ordinance) of Title 1 (General Provisions; Code Enforcement) of the San Benito County Code.
(Ord. 872, § 2 (part), 2011)