Noise Complaints - City of North Port

[LeBregue]

What they are doing will not stand up in Court. Most municipalities can't "exempt themselves" from an over-arching County-wide ordiance. The precedent is the existing county-wide ordinance/law. The county of course is the entity that can issue variances to parts of the county. A city within the county can't simply declare an exemption for themselves without a County declared variance.

[FLHfan]

Originally Posted by LeBreque

Something sounds totally illegal here.

Originally Posted by LeBregue

What they are doing will not stand up in Court. Most municipalities can't "exempt themselves" from an over-arching County-wide ordiance. The precedent is the existing county-wide ordinance/law. The county of course is the entity that can issue variances to parts of the county. A city within the county can't simply declare an exemption for themselves without a County declared variance.

Did you change your name again? Maybe, if you behave, I'll let you keep this one.

[Sunshine Rules]

Originally Posted by FLHfan

Did you change your name again? Maybe, if you behave, I'll let you keep this one.

Shekie - Sheckle - Sheckie - Marchon - GhaliGhali - MangeBien - BondMama - Skip Cohn - Tram Hutson - Jenny Lupo - Mr. MeisterMan...... to name a few

[annestrauss]

It’s North Port, is anyone really surprised?

[SteveMc1]

Think I may understand why north port city commissioners eliminated their noise ordinance standards.

Took a ride to see two of the new communities recently opened in West Villages; one is The Preserve and the other is Renaissance. Not a lot of homes built yet but most of the homes that stand are built so close to each other it looks like you could touch the house next door from your window; doubt you could fit two A/C units facing each other between them. Think it's unreal the city of north port is allowing this type of zoning.

No doubt at some point there will be issues like the one I have on a large scale as a result of these building practices and it's doubtful the people buying here realize the potential for these problems. How convenient for the builders the local government in north port erased noise code standards for these communities just before they started construction. The builders will be gone and the homeowners will be left to slug it out with each other when problems arise. Starting to all make sense now; great government we have here.

[craigiri]

The condo or HOA docs usually contain clauses which refer to "quiet enjoyment" of ones property. Assuming NP decided to leave the details to HOA's, those orgs should simply add to the existing clause by defining a couple things...

1. Times of day (this involves stereos, parties, etc.)
2. Decibel reading and/or frequency at property line from continuously operating equipment.

Even with detail, this could be covered in a paragraph - along with the resulting fines. That would force compliance.

In a warped way, I can understand the town bowing out due to the prevalence of planned communities. If someone is ignorant enough to buy a place 10 feet from another family and not expect a lot of noise, it shouldn't be a situation for government to fix. It's for the HOA.

[sware2cod]

Originally Posted by craigiri

The condo or HOA docs usually contain clauses which refer to "quiet enjoyment" of ones property. Assuming NP decided to leave the details to HOA's, those orgs should simply add to the existing clause by defining a couple things...

1. Times of day (this involves stereos, parties, etc.)
2. Decibel reading and/or frequency at property line from continuously operating equipment.

Even with detail, this could be covered in a paragraph - along with the resulting fines. That would force compliance.

In a warped way, I can understand the town bowing out due to the prevalence of planned communities. If someone is ignorant enough to buy a place 10 feet from another family and not expect a lot of noise, it shouldn't be a situation for government to fix. It's for the HOA.

"Quiet Enjoyment" isn't specifically rules about sound. In the HOA documents it is often a clause between the HOA and property owner, not between property owner and property owner.

ADVERSE IMPACT ON

“Quiet Enjoyment” is a covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

In lay terms, “Quiet Enjoyment” is a right to the undisturbed use and enjoyment of real property.

[craigiri]

Originally Posted by sware2cod

“Quiet Enjoyment” is a covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.

In lay terms, “Quiet Enjoyment” is a right to the undisturbed use and enjoyment of real property.

Not specific, but generally!

Enjoyment. That's pretty simple. So is undisturbed use.

I think we agree that it is the HOA that must further define that...using sound judgement and common sense. On one hand I get to enjoy listening to my stereo in the backyard. On the other, you may want to meditate near your Zen pond in yours, so I may limit my stereo to a couple hours on the weekend, get directional speakers so the sound goes to the proper places and maybe even use earphone when alone.

In the end, people have to be reasonable - BUT, the HOA should do most of the work. You can't have people knocking on each others doors or shouting over the fences about it in a planned community.

You can't fix stupid. I've run into it, but luckily only in a vacation condo. In that case we did use the HOA to send letters and most transgressions were nipped in the bud.

[Seamus McCaffery]

A growing problem at Island Walk is the noise emanating from the pickle ball courts. This is not an isolated problem since pickle ball is a fast growing sport for seniors across the country. Recently the news media did a story on what’s going on in Punta Gorda. [url]https://www.pickleballportal.com/blog/pickleball-noise-quiet-paddles/#Pickleball_Noise_Conflict[/url]