Code Enforcement News

14 Responses

1. Code Gal Says:

   Yes. I’ve had this situation come up a few times. We have a glare ordinance below. I have not had trouble with any of these cases though, and have not had to take them to the Board.

   Glare. 14-52.8.

   There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity of lighting.

   Posted on May 19th, 2012 at 7:43 am

2. Dani Says:

   I am attaching a link to our ordiance. Please see section twelve for single and two-family residential standards.

   http://www.cityofbonitasprings.org/wp-content/uploads/2011/01/ORDINANCE-NO.-11-01-PROPERTY-MAINTENANCE-CODE.pdf

   You can also see lighting standards for commercial/public use by clicking this link. You will need 3-262 on page 36.

   http://www.cityofbonitaspringscd.org/getmedia/2f20cbb0-0f6d-4ef1-8386-a34d18e348de/Chapter_3_Dev_Standards_Amended_2008.aspx

   Hope this helps.

   Thanks,
   Dani

   Posted on May 19th, 2012 at 7:45 am

3. Code Man Says:

   It was nice talking with you about this unusual subject.

   I quickly sent out the e-mail below to a few code professionals I network with daily just to get things started.

   I also located an interesting code which seems to be on target at the link below from Chula Vista.

   http://www.codepublishing.com/ca/chulavista/html/ChulaVista17/ChulaVista1728.html

   Might be worth taking a look at.

   Posted on May 19th, 2012 at 7:47 am

4. Jim Dehne Says:

   Here is what we have in Lakeland.

   30.03.07.00 EXTERIOR LIGHTING REGULATED
   1. All outdoor lighting in all zoning districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged so as to reflect lights away from all adjacent residential districts, adjacent residences or public thoroughfares.
   2. All lighting used for external illumination of buildings, so as to feature said buildings, shall be placed and shielded so as not to interfere with the vision of motor vehicle operators or pedestrians.
   3. High intensity lighting may be used to illuminate parking areas and to promote security subject to the provisions of Subsection 1 above

   Posted on May 21st, 2012 at 10:50 am

5. Cindy Drake Says:

   We have had a few cases investigated. We use a light meter. If my memory serves – we haven’t had to take any cases forward to hearing – usually the residents don’t realize they are creating an issue and don’t want to have an unhappy neighbor so they make any needed adjustments.

   Wellington Land Development Regulation Sec. 7.8.2. – Outdoor lighting standards.

   A. Purpose and intent. The purpose and intent of this section is to reduce the hazard and nuisance caused by the spillover of light and glare on to drivers, pedestrians and land uses near artificial lights. By allowing safe and efficient lighting of outdoor areas and by reducing the negative effects of exterior lighting, the regulations contained in this section am intended to promote land use compatibility, traffic and pedestrian safety, energy efficiency and community appearance. Outdoor lighting shall also be consistent with the applicable provisions of the Village codes and the Palm Beach County Security Code.

   B. Applicability. This section shall apply to all exterior lighting in the Village, except street lights that meet the requirements of the appropriate public utility.

   C. Outdoor lighting standards. Outdoor lighting shall meet the following standards.

   1. Light confinement. All outdoor lights shall, to the greatest extent possible, confine emitted light to the property an which the light is located, and shall not be directed upwards, to avoid urban sky glow.

   2. Spillover light. Spillover light on to residential property shall not exceed three-tenths (0.3) of one (1) foot-candle when measured six (6) feet above grade at the residential property line.

   D. Prohibited lights. The following types of lights are prohibited in unincorporated the Village:

   1. Any unshielded light source in a luminaire with no light cutoff that is visible within the normal range of vision from any residential property;

   2. Any light that creates glare observable within the normal range of vision of any public right-of-way or glare that creates a safety hazard;

   3. Any light that resembles an authorized traffic sign, signal or device, or that interferes with, misleads or confuses vehicular traffic as determined by the Planning & Zoning Director; and

   4. Beacon or search lights except for temporary grand openings or special events, as required by state or federal law.

   E. Certification. For all developments that include free-standing luminaires exceeding sixty (60) feet in height, written certification of compliance with this section, bearing the seal of an engineer registered to practice in Florida, shall be required prior to the issuance of a building permit.

   F. Measurement. Illumination levels shall be measured in foot-candles with a direct-reading, portable light meter. The light meter shall be placed not more than six (6) inches above ground level at the property line of the subject parcel. Measurements shall be made after dark with the lights in question on, then with the same lights off. The difference between the two (2) readings shall be compared to the maximum permitted illumination in order to determine compliance with this section.

   G. Effect on previous approvals. Exterior lights installed prior to February 1, 1990, shall not be considered nonconforming.

   Posted on May 23rd, 2012 at 5:00 pm

6. Pete Says:

   City of Gainesville Code of Ordinances Sec. 30-345 says in part:

   8)
   Lighting. Any light installation which provides for re-aiming of the fixture shall be aimed in compliance with this section.

   a.
   Light trespass and glare. Any development adjacent to a residential use shall not create light trespass of more than 0.5 footcandles measured perpendicularly from the light source at a distance of 25 feet from the property line. Any light trespass onto adjacent non-residential properties shall not exceed 1.0 footcandle measured perpendicularly from the light source at a distance of 25 feet from the property line. Roadway lighting is exempt from light trespass requirements. Directional luminaires such as floodlights, spotlights, sign lights and area lights shall be so installed and aimed that they illuminate only the task intended and that the light they produce does not shine directly onto neighboring properties or roadways. Building facade lighting, sports lighting and other applications using floodlights shall have glare shielding (external or internal shields) to prevent light trespass and light pollution. All lighting shall be designed, hooded or shielded to direct light so that no illumination source or glare creates a nuisance to any adjoining property or unreasonably interferes with the lawful use and enjoyment of any adjoining property.

   b.
   Exterior lighting. Lighting which is provided for the security of areas such as, but not limited to, building entrances, stairways, ramps and main walkways or for a permitted outdoor use of land (such as ball parks) shall not under any circumstances exceed a maximum average maintained illumination of 25 footcandles at ground level, and uniformity ratio of 6:1. Exterior wall-mounted lighting shall be full cut-off fixtures (as defined by IESNA). The maximum lighting intensity permitted for the security of the areas described above, for permitted outdoor land uses, or pole heights, other than those located in off-street parking facilities, may be increased by the appropriate reviewing board through site plan review, or the board of adjustment by obtaining a special exception if site plan review is not required, provided that the applicant establishes that such an increase meets the following standards: a. the increase in intensity is reasonably required for security purposes for the use or for conducting the permitted outdoor use; b. the increase in intensity will not result in a nuisance to adjoining properties and does not interfere with the lawful use and enjoyment of adjoining properties; and c. necessary screening will be erected or exists and maintained to reduce the impact of the increase in intensity on adjoining properties.

   c.
   Outdoor recreational lighting. Lighting installations for outdoor recreational uses (including pole heights) shall be designed in accordance with IESNA standards, as outlined in report number RP-6-88, or any update thereto.

   d.
   Height. The maximum height of light fixtures, except as otherwise regulated by this section, shall not exceed 30 feet.

   (9)
   Light pollution. All building lighting for security or aesthetics will be fully cut-off type, not allowing any upward distribution of light.

   The portion of the ordinance that deals with footcandles is enforced with a light meter. We have several Officers certified to operate the meter (certified by completing CPTED-Crime Prevention through Environmental Design- Training. Other portions are enforced by observation, i.e. the types of fixtures or how they’re aimed.

   Posted on May 24th, 2012 at 1:50 pm

7. Kathy Says:

   Thank you all for your input on this subject. I am the individual that broached the subject, and am working with the City of Cape Coral to pursue the possiblity of an ordinance being enacted. The city council member to whom I have spoken has stated that he is not opposed to considering the possibility of an ordinance, but has stated concerns about the enforceability of said ordinance, and also concerns of support from the community and other council members for said ordinance. I am working on a petition from fellow community members to address the support issue. Can anyone tell me specifically how their community enforces? Does code/law enforcement have to observe the “nuisance” light to enforce the code, or is video/picture evidence sufficient in your community? Do you feel that having the ordinance in place acts as a deterrent for offending individuals? I appreciate all input, and thank you for taking the time to answer.

   Posted on May 24th, 2012 at 10:19 pm

8. Terri Cummins Says:

   go to our web site section 126-997 outdoor lighting generally.

   Posted on May 31st, 2012 at 3:29 pm

9. Kathy Says:

   Good morning, Terri, and thank you for your response. What is your web site, please?

   Posted on June 1st, 2012 at 8:44 am

10. mark davis Says:

    I have had this situation come up several times. We have a nuisance ordinance that prohibits anything that unreasonably interferes with the comfortable enjoyment of life and property of others. Since we do not address lighting specificly, except for seaturtles, this ordinance has come in handy in these dipute driven issues.

    Posted on June 1st, 2012 at 9:41 am

11. Sam Thompson Says:

    Our situation is slightly different. We have residential property owners complaining about nuisance created by commercial lighting. I’d appreciate ordinance references that deal with this issue.

    Posted on September 3rd, 2012 at 1:52 pm

12. Dave M Says:

    Thank you all for the solid info! While everything you all shared makes complete sense and would be otherwise perfect for me to use in my current neighborhood dispute, I need to dig a bit deeper. If one or more of you could help, its greatly appreciated!! Nutshell explanation:

    I live in Sacramento, CA; 2level unit in a 4-plex, with a STRICT HOA. While the details are not important, I should note that the HOA board and the PropMgnt company both have animosity towards my wife, daughter (3), and myself; despite the fact that we strive to be great neighbors and good people in general…we seem to be the target of their persistent threats (bogus violations, fines, etc). Also important to note; 3 of the 4 HOA board members live within 50yds of our building…the HOA board president happens to be across the street.

    So here’s the deal: the HOA Board president just relocated from the building DIRECTLY across the street from us (a 4-plex that is part of a separate HOA…he governed over our HOA, while living in a different HOA, never having to adhere to the bylaws that we must and always enforcing those which he blatantly ignored). He now lives just one building over (still across the street), but THIS 4-plex he moved into happens to be within the same HOA as ours, therefore, the bylaws apply to him. We know the bylaws well and while I would normally take a complaint to the board, its different when the violation is coming from the board president!

    The violation, you ask? About 2weeks after moving in, he installed roughly 5 dual-bulb HID security lights, directing light nearly 300degrees around his unit. Its important to note, he lives in unit #1, which is a ground-level unit closest to the street (and since we live at the intersection of a cul-de-sac and 2 streets, there’s plenty of street lighting). He has one dual-bulb set up above his front door, but the beams are aimed out so that vehicles driving down the street are blinded by the light. Worse off, he installed security lights roughly 1.5 stories UP onto the side of that 4-plex, with the light beams directed out into the cul-de-sac…a public street. Between those and the other 3 security light setups, the beams light-up the entire corner of the neighborhood, GLARING into our 2nd story bedroom window. I can only imagine how bad it is for the neighbors directly next to us, because they are even more in-line with the output of his security beams. In fact, doing some simple observation, I determined that his security lights infiltrate the 2nd story bedroom windows and all unit #1 windows of at least 5 buildings…thats 10 separate resident bedrooms upstairs and 5 more unit #1′s.

    We would normally take this complaint DIRECT to the neighbor in a peaceful way, seeking resolution. That attempt failed, since he seeks to avoid any conversation with me, even if Im simply trying to say hello while taking my baby girl for a walk. I KNOW that the HOA by-laws specify that security lighting must not be a nuisance, hence creating light trespass or glare. In order to report an HOA violation, I have to call the property mgnt company. The prop manager who ALWAYS answers the phone is the SAME person who sits on the HOA board, for their monthly meetings (minutes, hearings, etc). Its off subject, but isnt that a bit unusual??…the property manager sitting on the HOA board even though he does not own, rent, or have ANY direct connection to this HOA? ANYWAY…

    I cannot report this violation to the mgnt company, nor direct to the HOA board…it will get squashed. This exact scenario happened a few years ago when we reported MAJOR HOA violations to the PropMgnt company, regarding a neighboring unit owned/resided by the HOA board secretary. The violations were never even reported beyond the property management company. SO, with that said, I know a few details might help me to report this to the county of Sacramento. #1) The county code-enforcement (as they’ve done before) will likely say that I must report this to my HOA first…I think that can be explained away. #2) The security lights are not just a nuisance b/c of being high-intensity, there’s simply too many of them…excessive for his security needs. #3) The county owns, patrols, maintains…the intersection, sidewalks, and streets that these security lights are glaring onto. #4) Oncoming traffic from my street is blinded by half of his lights, literally. Not only is it dangerous to approach that intersection because the lights shine directly at you, but traffic coming from the street he lives on the corner of ALWAYS speeds and CUTS the intersection. The combination of speeding and cutting the corner is dangerous enough, but combine that with the fact that traffic coming from my street has drastically reduced vision; its a recipe for disaster. #5) The county has street lights that provide more than enough light to act as a deterrent, for security measures. In the 7+yrs I’ve lived here, there has not been a single home burglary in this corner of the neighborhood.

    SORRY for the length of this, but I really need helpful advice!! I’ve looked over the Sacramento County Code in detail, but the only security light code descriptions I’ve found are for commercial buildings. I’ve called various offices, but with no success. I do have a county website, where I can file a code-enforcement/violation report, but PRIOR to doing that, I think it will be smart to know the specific codes that are being violated, so I can cite them. By approaching it this way, I can ensure that I’ve done my homework and the violation wont slip by in the beaurocratic wash between the county and our HOA.

    MANY THANKS!!

    Posted on January 23rd, 2013 at 7:16 pm

13. Kate F. Says:

    If the lights becoming a nuisance to others are regulated by both the HoA and the County ordinance, you should be able to pursue either avenue in seeking resolution. My instinct is to say that you should seek legal counsel in reporting the issue to the HoA management company – sometimes a letter from a lawyer has more weight than one from a resident alone. Additionally, there is power in multiple voices. If other neighbors are unhappy it might be worth trying to get each one to write a letter to the HoA folks rather than just having it come from you.

    If the County regulates any outdoor lights you could put in the complaint. It’s really their job to determine what ordinance the lights do or do not violate after you submit a complaint. When they research it you can ask them to inform you of what lighting code they looked at to come to their conclusion.

    Posted on February 13th, 2013 at 5:32 pm

14. Dave Cash Says:

    I hope everyone who has a problem with unwanted
    bright lighting, read on my website a true story,
    when I sued two John Elway car dealerships over
    their lights. Go to: http://www.lightlawsuit.com for any
    info that could help you stop the private nuisance
    effecting you. Trust me, do not count on the city
    officials to help you! I know, I’ve been threw it.

    Posted on March 16th, 2013 at 2:30 pm