About a year and a half ago, At&t built a "uverse" eutility cabinet on a public easement which is on our property. We went back and forth with at&t and the city of san jose. It was tough even getting a hold of someone at the city. And even then they still do not admit that this is built illegally. I would like some help from the members on this board in order to guide me through the correct routes for legal action. As this structure is unpermitted, and a noise nuisance.
I had sent a letter to the city of san jose with photos and excerpts from the zoning ordinance to prove my point: [http://www.sanjoseca.gov/planning/pdf/zoning_code.pdf]
20.30.700 "The sound pressure level generated by any use or combination of uses on a property shall not exceed the decibel levels indicated in table 20-85 at any property line" [55dbA]
20.80.1820-A7 "A 300 foot seperation shall be maintained between all utility structures located on land zoned R-1 or used for single family residential purposes"
20.80.1820-A6 "Utility structures must serve the immediate residential area in which it is located"
I just received a letter from the director of planning, building, and code enforcement joseph horwedel and it did not say much the main wording was as such
"the purpose of public service easements is precisely for the installation of the kind of public utility cabinet that has been placed on your property. We have determined that the utility cabinet has been placed in the most ideal location. the city attempts to put these utility structures in places that are not noticeable. In this case, the location behind the sidewalk with an upslope behind it allows the cabinet to be hidden much better than a traditional location between the sidewalk and the curb. The zoning ordinance applies in this case as the utility structure is locted on private land. The size of the cabinet conforms to the zoning ordinance criteria and no public hearing is required.
We are still investigating your concern with the noise level. we have requested that at&t provide us with a noise analysis of the abinet, which will determine whether or not the noise emitted from the cabinet is acceptable per the city's zoning code. AT&T has agreed to provide the necessary data. Since the cabinet is located on your parcel, we will be accessing hte noise on an equivalent manner to a cabinet located on the other side of your property line to ensure that the noise exposure that you experience is no greater than if it was located in the public right of way and facing your property. As the cabinet is located on your property, i do not see other options of how to assess the noise in a reasonable manner."
1)The utility structure is over 4' tall and there is another at&t cabinet[older] located less than 5 feet away that is also 4' tall [a utility structure as defined by the zoning code is a structure 4' tall and above]
2)The noise emitted by the cabinet on the property line is over 55dbA
3) We cannot get the Uverse service at our home! which is where the cabinet is located!
4)Utility administrative permit (a non discretionary permit)
I have tried to be thorough in my post and would appreciate any help i can get from this board as i believe a civil case and government claim against the city would be the only way to go. i would also like to inquire about the statue of limitations for these types of issues!