Municipal Code Is Binding on Electric Utility

[Johnmelissa]

CA.

Is the municipal code of an individual city binding on the state regulated electricity utility? For example, do noise limits apply to a pad-mounted electricity transformer on an easement in the rear corner of city lot?

 

[OHRoadwarrior]

Please explain the entire situation instead of asking a question out of context.

 

[Johnmelissa]

Please explain the entire situation instead of asking a question out of context.

At my tract home, in the corner of my backyard the electric utility has an easement. There is a pad-mounted transformer on it. The transformer emitts 48.4 dBA and the municipal code limits noise to 45 dBA at the property line. The equivalent of "the property line," in this case, is the easement boundary line. Is the municipal code binding on the electric utility? Utilites are exempt from zoning laws in this city by wording of the municipal code but other exemptions are NOT mentioned in the code. The city attorney says he does not know beyond the stated exemptions related to zoning. The question is, are utilities exempt from noise limitations that exist in the municipal code? Can the municipal code decibel limit be enforced by the city against the utility.

 

[Zigner]

The equivalent of "the property line," in this case, is the easement boundary line.

What do you base that assertion on?

 

[justalayman]

Unless they are exempted, the ordinances apply.

10db normal breathing
20db mosquito, russling leaves
30db whisper
40db stream, refrigerator humming
50-60db normal conversation, laughter, quiet office.
70db hair dryer, vacume cleaner
75db dishwasher
80db garbage disposal, city traffic
85-90db lawnmower,diesel truck at over 40mph
100db train, garbage truck
110db drill, power saw, jet flyover
120db thunderclap, dance clubs, sterios
130db jet takeoff, shotgun firing
110-140db rock concert
145db boom bass cars

Information is from National Institute on Deafness and
Other Communication Disorders

so, if the neighbor is having a conversation near your property line they are in violation of the ordinance? Any lawnmower would violate the ordinance. Many cars, in stock form from the factory, would violate the ordinance.



Sounds like the ordinance is likely to be determined unenforceable unless there is more clarity to is.

 

[Zigner]

I would be interested in knowing what municipal codes are in play here. What city?

 

[FlyingRon]

That would all depend on what the code says. Most likely it applies to property owners or the like and hence would not be binding on something sitting in an easement. Your argument that there's a little lot that lives under the transformer is almost certainly incorrect.

 

[Johnmelissa]

That would all depend on what the code says. Most likely it applies to property owners or the like and hence would not be binding on something sitting in an easement. Your argument that there's a little lot that lives under the transformer is almost certainly incorrect.

The municipal code establishes a 45dBA limit at the property line or at the source on an adjacent property. This easement is effectively the property of the utility. I may not use the property. Utility exemptions from zoning codes are clearly stated in the municipal code and no other exemptions exist for the utility or easement holders. The municipal code does not bind on or prevail over utility operations or structures on its easements or property. The utility is not expressly exempted from the noise limits in the code. The noise exceeds the easement boundary and then is subject to the municipal code restriction of "45dBA at the property (i.e. easement) line" or the "source of the noise."

 

[Zigner]

The municipal code establishes a 45dBA limit at the property line or at the source on an adjacent property. This easement is effectively the property of the utility. I may not use the property. Utility exemptions from zoning codes are clearly stated in the municipal code and no other exemptions exist for the utility or easement holders. The municipal code does not bind on or prevail over utility operations or structures on its easements or property. The utility is not expressly exempted from the noise limits in the code. The noise exceeds the easement boundary and then is subject to the municipal code restriction of "45dBA at the property (i.e. easement) line" or the "source of the noise."

What city is this?

And, you are wrong about your concept of the easement.

 

[Johnmelissa]

What city is this?

And, you are wrong about your concept of the easement.

Is the municipal code applicable to or binding on the privately held electricity utility which is not affiliated with the city? The Calif PUC regulates the utility operations, equipment and property. The muni code limits noise at the property line or at the source on an adjacent property. Does that limit apply to a pad-mounted transformer on an easement in a rear corner of a residential property? Does the muni code apply to the electric utility or is the utility exempt from all or part of the municipal codes? Are easements and/or noise emissions from easements exempt from municipal codes? Noise crosses easement boundary lines and property lines.

 

[LdiJ]

Is the municipal code applicable to or binding on the privately held electricity utility which is not affiliated with the city? The Calif PUC regulates the utility operations, equipment and property. The muni code limits noise at the property line or at the source on an adjacent property. Does that limit apply to a pad-mounted transformer on an easement in a rear corner of a residential property? Does the muni code apply to the electric utility or is the utility exempt from all or part of the municipal codes? Are easements and/or noise emissions from easements exempt from municipal codes? Noise crosses easement boundary lines and property lines.

I would guess that a properly operating transformer would be exempt from any noise ordinances. After all, neither you, nor any of the other properties receiving power via the transformer could receive power without it. If its not operating properly that might be a different story, but its also likely to be nothing more than a short term problem.

 

[Johnmelissa]

Unless they are exempted, the ordinances apply.








so, if the neighbor is having a conversation near your property line they are in violation of the ordinance? Any lawnmower would violate the ordinance. Many cars, in stock form from the factory, would violate the ordinance.



Sounds like the ordinance is likely to be determined unenforceable unless there is more clarity to is.

The noise code WAS enforced a few months ago against a neighbor's compressor for which the code is different. The code is 50dBA at the property line and it is reduced by 5dBA for "constant tones" such as a transformer -24/7/365. If a voice measured 50 it would violate. I doubt it would persist long enough to violate. Short duration noises have different limits. Lawnmowers are necessary and not malicious or persistent. I like your answer that if it is not exempted, it applies. Law is clear about where exemptions for utilities exist (i.e. zoning) and clear that ALL utility regulation is done by the PUC. When the utility's noise crosses a property line (i.e. easement line) the muni code applies because nowhere is it said that it doesn't.

Is the municipal code applicable to or binding on the privately held electricity utility which is not affiliated with the city? The Calif PUC regulates the utility operations, equipment and property. The muni code limits noise at the property line or at the source on an adjacent property. Does that limit apply to a pad-mounted transformer on an easement in a rear corner of a residential property? Does the muni code apply to the electric utility or is the utility exempt from all or part of the municipal codes? Are easements and/or noise emissions from easements exempt from municipal codes? Noise crosses easement boundary lines and property lines.

 

[FlyingRon]

The municipal code establishes a 45dBA limit at the property line or at the source on an adjacent property.

You keep saying this, but that's NOT the text of the code and without reading the EXACT wording and the sections prior that probably define applicability, we CAN NOT tell.
YOu've been asked MANY times to give us details, but rather than doing so you just keep parrotting your original posts. Sorry, we can't help you (neither could any lawyer).

This easement is effectively the property of the utility. I may not use the property.

The above statement is NOT true. The utility is the dominant tenant. But the PROPERTY is not just the space underneath the transformer (and neither I suspect is the easement).
You can jump up and down and shout the above nonsense. But it will get you nowhere either here or in court.

You seem uninterested in getting help, but rather to just VENT at us. Every post you make is the same broken record. Since you understand the municipal code and property law so well, have fun. I'm outta here.

 

[Johnmelissa]

You keep saying this, but that's NOT the text of the code and without reading the EXACT wording and the sections prior that probably define applicability, we CAN NOT tell.
YOu've been asked MANY times to give us details, but rather than doing so you just keep parrotting your original posts. Sorry, we can't help you (neither could any lawyer).

The above statement is NOT true. The utility is the dominant tenant. But the PROPERTY is not just the space underneath the transformer (and neither I suspect is the easement).
You can jump up and down and shout the above nonsense. But it will get you nowhere either here or in court.

You seem uninterested in getting help, but rather to just VENT at us. Every post you make is the same broken record. Since you understand the municipal code and property law so well, have fun. I'm outta here.

OK. I'll go with Justalayman: The municipal code states exemptions. If a utility is not specifically exempted, the municipal code is applicable and binding.

An amorphous opinion notwithstanding, I'm not entirely certain if I've been dazzled with brilliance or baffled by bull----!!!

 

[ecmst12]

You seem to only want to be told that the utility company is in violation. We of course can't tell you that for sure, nor can we tell you what you can do about it even if they are. I doubt you will be successful in getting the transformer removed or shut down. But good luck.