Posts: 14,122
Threads: 424
Joined: Aug 2012
get over the county blame...this was what was done then! move on!
So it's not County's responsibility to deal with the mess they've created, the Ag-dwellers should just "suck it up", and it's totally unreasonable to expect any police response and/or code enforcement in return for the taxes paid?
This is exactly the sort of thing that belongs in a real estate disclosure.
Posts: 1,522
Threads: 13
Joined: Apr 2014
Unfortunately only Cities have an "amplified" noise ordinance, usually from 10pm to 6am, with weekend 7am Sat, 8am Sunday. This is County Ag zoned so a rooster at o'dark thirty busting the 70 decibel rating looking for a hen doesn't matter. The Coqui, unfortunately, are just under 70db! I believe this is why more and more agents now have a disclaimer "buyer to do his/her due diligence prior to sale". There also may be a "nuisance" law on the books that you could persue with other neighbors, but I would take a "cool off" period for all parties and then try to peacefully come up with a solution such as the box, or even lengthening the exhaust from the engine to the muffler if it is a large, anchored generator. The length deepens the tone coming out of the muffler, making it even quiter.
Are you a human being, or a human doing?
Posts: 14,122
Threads: 424
Joined: Aug 2012
Unfortunately only Cities have an "amplified" noise ordinance...
...and there's exactly one City in the entire State of Hawaii...
Posts: 6,214
Threads: 354
Joined: Feb 2006
Hate to follow this derail... & Hopefully you * your neighbors can work out a noise dampening system like the generator enclosure,
When you buy in a private agricultural subdivision, you have a number of legal articles to disclose the status, zoning, title and, for most of the subdivisions here, there are websites & much more. Most RE ads for these lots do disclose the agricultural zoning & such...
For people that do not have experience in living in agricultural areas, it can be a shock, but that is not a disclosure shock, it is that most residentially raised people do not realize that there are such things are agricultural subdivisions...and things like running machinery at all hours, though rude, do happen in farm areas, which is what an ag zone is... There are many areas in the country that do have ag zoned private subdivision lots that are less than an acre....and people do farm (agricultural) stuff on them... and most farm people do not expect residential improvements...
Also although a homeowner taxed ag zoned parcel pays the same rate as any other homeowner residential zoned parcel, a RESIDENTIAL (non homeowner) parcel pays a HIGHER rate than an ag/forestry parcel....so ag zoning does not pay the same rate...
and most homeowner private subdivision ag zoned parcels are assessed far lower/sq ft than homeowner residential zoned parcel... I have yet to find a similar residential zoned lot that pays the same assessed value as an agricultural lot - this is also reflected in sales prices of lots, a lot in Keaau town or Hilo town is usually higher priced than a similar sized lot in an ag zoned subdivision...
Please can this return now to ideas for the situation that the OP is looking for?
Posts: 1,522
Threads: 13
Joined: Apr 2014
Kale koa, you get my point. This is County as described on rest of post, you have to for the most part deal with it. Peaceful solution...
Are you a human being, or a human doing?
Posts: 14,122
Threads: 424
Joined: Aug 2012
Selectively arbitrary "complaint-driven" enforcement makes a mockery of the rules and codes which are supposedly there for everyone to follow... but that's somehow beside the point.
Posts: 2,490
Threads: 222
Joined: Dec 2005
All it takes is for some A$$hole to move next door with his shrimp ship business, or 15 hunting dogs and not only that but they want to breed and more more!
Yeah, there are suppose to be pretty good laws on the books for woofers... But still nothing is hardly every done. Cops are too lazy apparently to follow up and write out a ticket even tho, now they don't have to wait around, they can just write out a ticket for noise dogs.
Really, the only option I see, besides buying up 10 lots for somewhat peaceful sound / privacy buffer. I see a better option, why not everyone get together and buy 100 acre parcel. Group buy where everyone signs a respectful noise and being nice to your fellow neighbors. Sometimes I wonder if this would work. I dunno, I wish I had answers. I get to hear the dogs in our neighborhood. Thankfully they are 3 lots down, but I pity the people that live next to or behind them. I heard that the entire street got a letter from someone about the noise. But, my mailbox the numbers wore off so, I didn't get one.
It could always be worse. It would be fun to join to some sort of I'll scratch your back if you scratch mine type of gang. You know, have a problem? 20 dudes on motorcycles show up and your problems are somehow solved! Ah well. Sign me up I guess.
Good Luck, maybe look at the generator and see if you can get a new muffler for it. It's probably rusted out.
Last option sell and move to another area. You think your genset is bad, think of the people that have to live next to 50 roosters. That is something I couldn't handle, I'd have to move. I give props to anyone that can.
Posts: 364
Threads: 14
Joined: Jun 2012
You mentioned that you emailed the owner of the lot. Does this mean the people are renters? If they went through a rental agency, there should be some sort of rental clause they should be following. Definitely try to work with the owner of the property because a crappy renter really has no incentive to clean up their act.
I feel your pain. I recently had some horrid neighbors who ended up being meth dealers (awesome!). Even after the individual was arrested, random people were showing up at the house and staying there. I was verbally berated by an individual whom I confronted about who was living there. I finally was able to track down the owner of the property who had no idea what was going on. He contacted the rental agency (who apparently were supposed to being doing monthly checks on the place. Yeah right) and finally the property was cleaned up and locks changed.
Good luck.
Posts: 1,522
Threads: 13
Joined: Apr 2014
I had heard of a "nuisance" law in that neighbors keep accurate logs of incidents such as illegal sales, constant loud noise, etc. being used. The neighbors also call the nuisance at the time into the Police Department. They may not respond, but all calls/complaints are logged. Then, after a certain time limit has passed, a Court order can be served to the nuisance, and either mediation through a third, neutral party is assigned and remedy is found and enforced, or judge declares a financial payout to each household complaining. We had a dealer who rented a house in the neighborhood, and I was told that is how the neighborhood got their attention that they are no longer welcome. The Landlord took the financial hit, and the problem was history.
I personally would try to seek a peaceful solution such as turning the generator, in this case, so the exhaust direction is towards the street, and not "bouncing" between the houses, build a "sound insulating" box to give to generator owner to help, etc.. Offer solutions when talking to ease his anger that "everyone is against me" in his/her quest to satisfy personal/family needs.
Also, further research reveals that talking, or a typewriter is 70 db (decibels), a rooster hits the scale at about 90db, and our lovely Coqui frog tips in at around 108db. Time for me to get the ears checked!
Are you a human being, or a human doing?
Posts: 14,122
Threads: 424
Joined: Aug 2012
why not everyone get together and buy 100 acre parcel
At the risk of going further off-topic ... didn't Belly Acres try something like this?
Yes, it would "work", and I've often considered it, but to be fully "legitimate" that large parcel would have to be subdivided, which triggers a bunch of infrastructure requirements (unless you have political connections), thereby making the project unaffordable.
|