Tranz Werk, LLC vs. Our Neighborhoods
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PETITION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF HOUSTON:
We, the undersigned hereto, residents of and property owners in Candlelight Place, Candlelight Estates Section One, Candlelight Estates Section Two, Ella Lee Forest, Oak Forest, and other neighboring subdivisions, located in District C of the City of Houston (collectively, “Owners”), petition the Mayor and the Houston City Council to enforce certain city ordinances regulating noise, sound, and nuisances against Tranz Werk, LLC.
Tranz Werk, LLC (“Tranz”) owns, manages, and/or operates an industrial or commercial recycling facility located at 3919 Pinemont Dr., Houston, TX 77018 (the “Facility”). According to publically available information, the business hours of Tranz are Monday to Friday, from 7:30 a.m. – 5:00 p.m. On Saturdays, Tranz is open from 7:30 a.m. – 3:30 p.m. During business hours, Tranz constantly produces loud sounds and noises from a variety of sources, including whirling engines, squeals from loose excavator rails, and general crashing and booming sounds. Additionally, Tranz produces and releases dust, mist, and odor from the Facility. Insulation dust and transformer oil mist spews beyond the Facility. Further, the gasoline odor from salvaged equipment is consistently being released into the Owners’ neighborhoods.
Owners live in or own property in neighborhoods in close proximity to Tranz. Over the past couple of months, the noise, sound, dust, mist, and odor produced by Tranz have become more and more of a public concern. The Owners are concerned that if Tranz is allowed to continue operating its Facility in an unsafe and obnoxious manner, the health, comfort, and safety of the Owners will be placed in further jeopardy, and the values of the real property owned by the Owners will be negatively affected by Tranz’s irresponsible activities.
The City Ordinances of the City of Houston deem it unlawful to “make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any loud, unnecessary, or unusual sound or noise that disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In determining whether a sound or noise is loud, unnecessary, or unusual, the following factors shall be considered: (1) the time of day; (2) the proximity of the source of the sound or noise to residential structures; (3) whether the sound or noise is recurrent, intermittent, or constant; (4) the volume and intensity of the sound or noise; (5) whether the sound or noise has been enhanced in volume or range by any type of electronic or mechanical means; and (6) whether the sound or noise is subject to being controlled without unreasonable effort or expense to the creator thereof.” Houston, Texas – Code of Ordinances Sec. 30-2 (a).
In addition, for nonresidential property, it is unlawful to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound at any location beyond the property
lines of the property on which the sound is being generated exceeds 68 dB(A) at all times. Houston, Texas – Code of Ordinances Sec. 30-5 (a).
Further, it is unlawful, prohibited, and constitutes a public nuisance to allow for the “escape of any gases, dusts, fumes, mists, and sprays to the such an extent that the same, or any one of them, shall become, or be likely to become, hazardous to health or a source of discomfort to persons living or passing in the vicinity, or that the same shall by reason of offensive odors become a source of discomfort to persons living or passing in the vicinity thereof.” Houston, Texas – Code of Ordinances Sec. 10-451 (b) (1).
CITY ORDINANCE VIOLATIONS BY TRANZ WERK, LLC
The sounds and noises emanating from the Facility, including loud whirling engines, squeals from loose excavator rails, and crashing and booming sounds are constant throughout Tranz’s business hours. Due to its close proximity to the neighborhoods listed above, the sounds and noises can be heard from homes immediately adjacent to the Facility, and also from inside homes located several blocks and thousands of feet away from the Facility. The volume and intensity of the sounds and noises far exceed the maximum permissible sound levels for nonresidential property of 68 dB(A). A recent sound measurement conducted by a concerned owner revealed a measurement exceeding 100 dB(A). To date, the Owners are not aware of any efforts by Tranz to control and minimize the disturbing sounds and noises. The sounds and noises emanating from the Facility and caused by Tranz are in clear violation of Sections 30-2(a) and 30-5(a) (2) of the Code, and Tranz’s activities are impermissible, pursuant to the same.
The dust, mist, and odor from the Facility permeate into the Owners’ neighborhoods and vastly deteriorate the air quality. Further, when breathed in or contacted by the Owners, the insulation dust, transformer oil mist, and gasoline odor from salvaged equipment are hazardous to the health of the Owners and a great source of discomfort. Causing this overflow of dust, mist, and odor is specifically prohibited by Section 10-451(b) (1) of the Code. These violations constitute public nuisances and are unlawful.
PLEA FOR ACTION
We, the undersigned Owners, express our outrage against Tranz’s blatant violations of (1) the comfort, repose, health, peace, or safety of others, and (2) Houston Code of Ordinances. We hereby petition that (1) the Mayor and the City Council take immediate and appropriate action to enjoin Tranz from engaging in any activity that violates the City Ordinances of the City of Houston; (2) legal action be instituted immediately against Tranz; and (3) Tranz be prosecuted to the full extent of the law. Furthermore, the noise, dust, mist, odor, and pollution caused by Tranz have negatively impacted the quality of life of the Owners, as well as the value of the affected property. If Tranz’s illegal activities are not promptly enjoined, we demand that our property taxes be lowered to account for the diminished values of our property.