Watch the introductory video by clicking this link:Introductory Video
Here is an updated video by clicking this link: updated video
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.
FACTS
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.
CITY ORDINANCES
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.
Updates
February 2, 2017
Tranz Werk thought they could poison our air and shatter our peace while we stayed quiet. The groundswell of support proves they were dead wrong and now our city leaders have no choice but to face the reality of this industrial nightmare.
24 Comments
Tranz Werk has created a condition that substantially interferes with the use and enjoyment of our land by causing unreasonable discomfort and annoyance to persons of ordinary sensibilities. Under Texas jurisprudence regarding nuisance, Tranz Werk should be held liable for interference with the use and enjoyment of real property.
This place is directly behind our house and I can see the piles of rubble from my backyard, not a pretty sight and certainly not a selling point. I can't sit in my backyard on a nice day and enjoy the peace and quiet, because there isn't any. Tranz Werk is disturbing the peace from sunup to sundown (or later), six days a week. Then there's the soot that comes from that place that settles on everything from our windows to our cars and I can only imagine what it does to our lungs. We've lived here since 1982 and have put up with this noisy eyesore long enough. I hope that finally something can be done about it.
In addition to the issues mentioned in the petition, this company works at all hours of the day. I have heard them banging metal as late as midnight, and when I wake up before 6 in the morning, they are already making noise. I have called the police on them a few times, but basically gave up because nothing changed.
I work from home and we have 2 young kids. The rear of our property directly faces TransWerk LLC. I can confirm that the noise is disturbing, frustrating and exceeds city limits: I too have checked with a dB meter app. HPD have been called several times with our complaints. It is continuous - and often continues through Saturdays. When wind blows from the North, we too get the various mix of chemical odors. We regularly find ourselves hosing down our deck and furniture to remove the dust from the pollution.
It occurred to me after that there have been multiple occasions where we have smelled gasoline. On one recent occasion I called the fire department.
The noise is six days a week and from early in the morning (7am) until late in the evening.
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Watch the introductory video by clicking this link:Introductory Video
Here is an updated video by clicking this link: updated video
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.
FACTS
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.
CITY ORDINANCES
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.
Updates
February 2, 2017
Tranz Werk thought they could poison our air and shatter our peace while we stayed quiet. The groundswell of support proves they were dead wrong and now our city leaders have no choice but to face the reality of this industrial nightmare.
24 Comments
The constant noise at all hours of the night is ridiculous! It sounds like the roar of freeway traffic at 2am. I can hear the beeping of trucks backing up while I’m trying to sleep. The different smells I get while walking outside can’t be good!
Tranz Werk has created a condition that substantially interferes with the use and enjoyment of our land by causing unreasonable discomfort and annoyance to persons of ordinary sensibilities. Under Texas jurisprudence regarding nuisance, Tranz Werk should be held liable for interference with the use and enjoyment of real property.
This place is directly behind our house and I can see the piles of rubble from my backyard, not a pretty sight and certainly not a selling point. I can't sit in my backyard on a nice day and enjoy the peace and quiet, because there isn't any. Tranz Werk is disturbing the peace from sunup to sundown (or later), six days a week. Then there's the soot that comes from that place that settles on everything from our windows to our cars and I can only imagine what it does to our lungs. We've lived here since 1982 and have put up with this noisy eyesore long enough. I hope that finally something can be done about it.
In addition to the issues mentioned in the petition, this company works at all hours of the day. I have heard them banging metal as late as midnight, and when I wake up before 6 in the morning, they are already making noise. I have called the police on them a few times, but basically gave up because nothing changed.
I work from home and we have 2 young kids. The rear of our property directly faces TransWerk LLC. I can confirm that the noise is disturbing, frustrating and exceeds city limits: I too have checked with a dB meter app. HPD have been called several times with our complaints. It is continuous - and often continues through Saturdays. When wind blows from the North, we too get the various mix of chemical odors. We regularly find ourselves hosing down our deck and furniture to remove the dust from the pollution.
It occurred to me after that there have been multiple occasions where we have smelled gasoline. On one recent occasion I called the fire department.
The noise is six days a week and from early in the morning (7am) until late in the evening.
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The constant noise at all hours of the night is ridiculous! It sounds like the roar of freeway traffic at 2am. I can hear the beeping of trucks backing up while I’m trying to sleep. The different smells I get while walking outside can’t be good!