§ 50-357. Filing of complaints.

(a)

Any complaint regarding a violation of this division must be filed by a person who is an owner or tenant of any building in the vicinity in which the alleged violation occurs, or a person who is in the vicinity of the public or private right-of-way or public space in which the alleged violation occurs so that the alleged violation is plainly audible to that person.

(b)

When a complaint has been received, the enforcing official shall investigate the charges. If the official finds probable cause to believe the person alleged to be causing or allowing to be caused the offending sound is in violation of this division, the official shall follow the enforcement procedures set forth in section 50-356.

(c)

If the person issued a warning does not take corrective action within a reasonable time as defined in subsection 50-356(c), or if the sound is abated after warning and then reoccurs, the enforcing official may then issue a citation or file a sworn complaint with the state attorney.

(d)

Any person found guilty of violating the provisions of this division shall be subject to the penalties in this division.

(Ord. No. 2015-09 , § 9, 12-8-2015)