Description

3:20 AM Saturday August 30, 2014.

Hello, Nancy: For a couple weeks now I have marveled that the noise of parking lot cleaning in the wee hours of the morning had essentially stopped. Since my request for assistance from the Code Enforcement Division of the Community Development Department to put a stop to such cleaning, there were a couple of days when cleaning and sweeping continued to be performed, but for the most part mornings have been quiet and I do want to thank you. That is, until today.

I was again awakened at 3:20 AM by the sound of a leaf blower starting up. It sounded very, very close so I went out on my balcony, looked in the direction of the Broadway Parking Garage and observed a lone man in a dark shirt with a white name patch on it and dark pants standing next to a white truck on the top-most level of the parking structure with a leaf blower in his hand aimed at the truck. He went all around the truck with the leaf blower, then proceeded out into the parking lot with the leaf blower. He walked around for about 2 minutes then went down the stairs. The truck is still parked on the top level. Following his departure, the only noise that continued to be generated was the annoying sound of sweeping.

I attempted to take a video with my phone, however I was unable to capture the scene because of the darkness. A couple of photos are lit well enough and you can see the parking structure, however the man with the leaf blower is not visible.

I don't know what this person thinks he's doing at three in the morning on a Saturday, but apparently he or his manager did not receive the memo that noise from leaf blowers and other maintenance equipment is prohibited before 8:00 a.m. on weekdays and 9:00 a.m. on weekends and holidays (§4-6.203g), or for exempted businesses, before 7:00 a.m. on weekdays which are not holidays (§4-6.205 b).

This action and previously reported actions clearly violate the City of Walnut Creek municipal code under both of the above-cited sections of Title 4, Article 2.

In any case these incidents constitute a public nuisance so perhaps the Chief of Police or the Community Development Director should also address this problem directly.

I am again requesting that the City enforce the provisions of the municipal code by compelling its contractors to comply, or charge them either as an infraction under Title 1, Chapter 2 §1-2.01 with appropriate fines, or as a misdemeanor under §1, Ord. 1753 with imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1000.00, or by both fine and imprisonment.

If the City of Walnut Creek and its contractors fail to comply with City codes and ordinances, who should?

Thank you.