A landscape company owner says he will cease operating his business in a Mentor-on-the-Lake neighborhood where some residents claim it’s improper and his machines are too loud, say city officials who do not plan to charge him with any violations.
“He agreed on enough points to get city agreement. He will not continue to operate from his home,” city Zoning Inspector/Service Director Dwayne E. Bailey said Monday after hand-delivering the official notice approved by elected officials who said they got “numerous complaints.”
Official public records and names were provided. But some city officials and residents said they aren’t citing names because nobody’s been charged, neighbors now seem to be getting along and the city is responding. The landscaper, who hasn’t been charged with anything, couldn’t be reached.
“The operation of this business is not a permitted use in a residential district and therefore you are in violation of the city zoning ordinances,” the city wrote to the business owner who resides on a north side street between Andrews Road and Marine Parkway.
In the notice, the city said the matter would be forwarded to the city prosecutor and Mentor Municipal Court “for action against you unless you stop operating the landscaping business out of your home” by Thursday.
In a town where noise ordinance violations are rare in police and court records, city employees and neighbors did hear noise at 7:30 a.m. some days from heavy business equipment machinery on the street.
Service Director Bailey said he agrees with what one neighbor said was lawnmowers cutting grass, chainsaws tuning up, business trucks parking with backup alarms “at the crack of dawn” and machinery buzzing.
“But the morning hours are subject to interpretation of the law. Nobody lost their temper. Everybody, including the landscaper, was understanding and they want to get along,” Bailey said.
City Council President Andrews Rose, Mayor John M. Rogers, Law Director James M. Lyons and city officials are discussing a better-worded ordinance on morning noise control anywhere in the city.
http://www.news-herald.com/