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Home My WebLink AboutMaureen Wall AUG 1 5 2016 CiT, Maureen Hope Wall _- 360.460.5483 reival@wavecable.com 314 W.1 st street Port Angeles WA.98362 August 8,2016 To whom it may concern In April of 2014 1 submitted a noise complaint to the planning department concerning the cross fit gym THUNDERRIDGE at 325 1/2 W. 1 st street.The loud music and noise from this business begins at 5 am and continues until past 8 pm. I am the owner of a commercial building with four residences and two commercial units, directly next door to me is another residential building with 12 residential units. I have personally invested allot of money and time to make my building a nice place for the residents and businesses with in. My property taxes are over$6,000. a year and I have trouble finding tenants for my units because of the noise. The noise complaints we have submitted do little to change the level of noise that comes from this business. I submitted a complaint in April of 2014 another complaint was submitted in 2015. 1 have called the police several times because of the noise. The planning department has informed me that they have asked that the music be turned down. Recently I have started to use a decibel meter and the noise is sometimes over 90 decibels, on the opposite side of the street.The noise is so bad that someone on the opposite side of the street can have trouble having a conversation. I have had tenants leave the building because of the noise from this particular business. One perspective buyer for my building was quite put off by the noise levels. The noise ordinance is a minimum standard for operating within the city. I have asked and asked again that this business owner realize he is in a mostly residential area of downtown. The complaints do nothing to change the situation,the music may be turned down for a day or two, maybe for a week. Since this gym uses many other "instructors" and there is no signage on the amplifier to NOT turn the music up past a certain volume. Soon after our complaint the noise returns to over 90 decibels. The planning department has acknowledged that putting a business that makes more noise than a bar into a neighborhood where people live was, " a mistake".The planning department did not know and there are no provisions for cross fit gyms,so no planning hearing was afforded to the people who live here. MERINO, I have been told my only recourse is with the legal department. In the municipal code it states that: 9.24.030 Disturbing the peace. It shall be a Class II misdemeanor for any person to create a noise nuisance. For the purposes of this section, a "noise nuisance is created where: "A person intentionally makes or permits to be made any excessive noise which unreasonably and knowingly disturbs another, after being given notice that such noise is causing a disturbance..." ...device for producing or reproducing sound in any manner so as to unreasonably and knowingly disturb another, after being given notice that such playing of the above instrument is causing or will cause a disturbance;... I have given notice for the past two years and the owner of this business shows little concern for our complaint. The owner is not doing anything to see that the situation is rectified. As defined in the municipal code, this noise violation constitutes a class II misdemeanor, I am forced to seek an enforcement action from the city's legal department since the complaints to the planning department have resulted in only temporary mitigation of this issue. Please find the enclosed: Copies of complaints to the planning department Name of all those effected by the noise Copy of the municipal code for noise violations Sincerely yours, i I have been disturbed by the music of "CROSS FIT THUNDERRIDGE", On one or more occasions I have been awakened, or other wise disturbed by the loud music. Signed; address .._ 1-4 4 3 06 Lt . t N v)� Nk gz �- iixr Ac LIAM i 1 Confidential: Yeso No12 PQRTANGELEITaken By:�► WASHINGTON, U. S. A. COMMUNITY & ECONOMIC DEVELOPMENT PUBLIC NUISANCE COMPLAINT FORM COMPLAINANT NAME: LDATE: B COMPLAINANT ADDRESS: vA PHONE: AAA) i Address of Subject Property: AJJ� TYPE OF COMPLAINT: Check all that apply and provide brief description of problem. Attach extra sheets if necessary. ❑ WEED, VEGETABLE OR HORTICULTURAL GROWTH which overhangs, encroaches upon, obstructs, or interferes with the full use of street or sidewalk areas -or AVERAGES 12" HIGH OR MORE including fire hazard situations which cause the degradation of neighborhoods. ❑ FIRE HAZARD(OTHER THAN OVERGROWN WEEDS/GRASS) ❑ TRAFFIC I PEDESTRIAN HAZARD ❑ LITTER, GARBAGE, REFUSE ON PREMISES ❑ JUNK VEHICLES ❑ UNSAFE OR PARTIALLY DESTROYED STRUCTURE OTHER: !Ve- / ` S(C- 4er o/Ste DESCRIPTION OF PROBLEM. To the best of your abilitplease describe the sit tion including as many details as possible: ltwA' PIA-95 A4 k v • w e;r a�✓E- �, . r K i 1 ` 4 Please note: Your sign ture is`equiredthe City to ocess your complaint SIGNATURE • • • • • • • • e s e • o e e • a • • • o e • e a • • • • • a • • • • • • • e o • •e • o • e • • e • • • s • • e • o • • • • s a e a s e a o • • • s • • e • • • - FOR OFFICE USE ONLY - RESIDENT'S NAME: OWNER'S NAME: Mailing Address: Mailing Address.- Phone: ddress:Phone: Phone: INSPECTION NOTES: DATE(S) TIME: BY: PHOTO(S) Y N REMARKS: REPEAT OFFENDER? Y N AMGELES Confidential: Yes No PRT Taken By: -B-en 'T . WASHINGTON, U. S- A- COMMUNITY &, ECONOMIC DEVELOPMENT PUBLIC NUISANCE COMPLAINT FORM COMPLAINANT NAME: 144,,UVAP (2rv\ DATE: VA ok\I�- �z 2 cq`l i / COMPLAINANT ADDRESS: ?) ILI �� . I i �' �� PHONE: J � I(;D S 1I ; Address of Subject Property: 3-6- uJ`S� C' 1v c=� A' TYPE OF COMPLAINT: Check all that apply and provide brief description of problem. Attach extra sheets if necessary. ❑ WEED,VEGETABLE OR HORTICULTURAL GROWTH which Overhangs, encroaches upon, obstructs, or interferes with the full use of street or sidewalk areas-or AVERAGES 12" HIGH OR MORE including fire hazard situations which cause the degradation of neighborhoods. ❑ FIRE HAZARD(OTHER THAN OVERGROWN WEEDSIGRASS) ❑ TRAFFIC I PEDESTRIAN HAZARD ❑ LITTER, GARBAGE, REFUSE ON PREMISES ❑ JUNK VEHICLES ❑ UNSAFE OR PARTIALLY DESTROYED STRUCTURE ❑ OTHER: vi% F� l� 5 1 C ck- cl )i 1 )l) DESCRIPTION OF PROBLEM. TO the est of your ability, please describe the situation including as many details.as possible: 1 ('� C— C S I`GL-G li\ \(2k �'� i-AY'( l -j 1 n — X, 711 lSL J 1 Please note: Your signature is required for the City to process your complaint. SIGNATUR- tj e s • • • • • • a o a • • e s•••• • • •• e • • • • • o •o • • • a o • • • a o • • • • • • •• • e a • e •• e • a o •a ••a• ••a e• • •• • • • • • • • -FOR OFFICE USE ONLY- RESIDENT'S NAME: OWNER'S NAME: i/.:�J 5 + Mailing Address: Mailing Address: Phone: Phone: INSPECTION NOTES: DATE(S) TIME: BY: PHOTO(S) Y N REMARKS: / REPEAT OFFENDER? Y N l fit` c,) _5LCLci� � , A '- s 9.26.OI0 - Public disturbance noise from portable or motor vehicle audio equipment. While in park areas, residential, or commercial zones, or any areas where residences, schools, human service facilities or commercial establishments are in obvious proximity to the source of the sound, it is unlawful for any person to cause, make or allow to be made from audio equipment under such person's control or ownership the following: A. Sound from a motor vehicle audio system, such as a radio, tape player or compact disc player, which is operated at such a volume that it can be clearly heard by the human ear at a distance of 75 feet or more from the vehicle itself, or B. Sound from portable audio equipment, such as a radio, tape player or compact disc player, which is operated at such a volume that it can be clearly heard by the human ear at a distance of 75 feet or more from the source of the sound. (Ord. 2612 § 1, 9/l/1990) 9.26.020 - Exceptions. This chapter shall not apply to persons operating portable audio equipment upon their own premises, such as an owner or a tenant, in which event Section 9.24.030 PAMC shall apply, or to persons operating such equipment with a public park for an event authorized pursuant to a permit issued under PAMC 12.12.040 or PAMC 12.04.040. (Ord. 2612 § 2, 9/1/1990) 9 9.26.030 - Content of sound not considered. The content of the sound will not be considered in determining a violation of this chapter. (Ord. 2612 § 3, 9/1/1990) • 9.26.040 - Penalty. It shall be a Class II misdemeanor for any person to violate the provisions of this chapter. • 9.24.030 - Disturbing the peace. It shall be a Class II misdemeanor for any person to create a noise nuisance. For the purposes of this section, a "noise nuisance" is created where: A. A person intentionally makes or permits to be made any excessive noise which unreasonably and knowingly disturbs another, after being given notice that such noise is causing or will cause a disturbance; or B. The person plays or pei-rnits to be played any radio, television, musical instrument, stereo, or other machine or device for producing or reproducing sound in any manner so as to unreasonably and knowingly disturb another, after being given notice that such IV playing of the above instrument is causing or will cause a disturbance; or C. A person uses or permits to be used in a residential zone or in the vicinity of a hotel, motel or hospital, hand or power tools or machinery, resulting in unreasonably loud and disturbing noises between the hours of 10:00 p.m. and 7:00 a.m.