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  • Report:  #83329

Complaint Review: Grocery Outlet & Panama City Government

Grocery Outlet & Panama City Government Have, and continue to disturb ourselves and our rental business with continuous noise from mech. equipment at property line. ripoff Panama City Florida

  • Reported By:
    Panama City Florida
  • Submitted:
    Tue, March 09, 2004
  • Updated:
    Wed, March 10, 2004
  • Grocery Outlet & Panama City Government
    2901 W. Highway 98
    Panama City, Florida
    U.S.A.
  • Phone:
    850-785-4841
  • Category:

We have, and still are being disturbed by the Grocery Outlets mechanical refrigeration equipment which is located on the real property line which seperates our property from the stores.

The noise is continuous and has been proven to be in non-
compliance of Panama City's municipal codes by an expert
noise consultant whom I hired to take sound measurements
back on August 27th of 2002. His report is proof enough,
yet the city still refuses to cite the food establishment for non-compliance.

Ourselves, and our tenants are unable to open our windows
for any reason or time, and the vibration from this equipment can also be felt inside each apartment. The noise is so bad, it can be heard with the windows closed.

I have been to our local government, the agriculture dept., this states depart. of environmental protection, state and federal senators, and even the congressman for our district, but still, nothing has been resolved.

Violations of noise, vibration, and substantial diminution being caused by this food establishment can be found in Panama City's municipal codes, Chapter 18 Nuisances, and Section 18-83 Performance standards.

There is much more to this story, but it will take some time to explain in detail.

Richard
Panama City, Florida
U.S.A.

1 Updates & Rebuttals


Richard

Panama City,
Florida,
U.S.A.

still receiving preferential treatment from Panama City's local government, code enforecment, and the police department

#2Author of original report

Wed, March 10, 2004

The Grocery Outlet has, and still is receiving preferential treatment from Panama City's local government, code enforecment, and the police department. I have some proof of this, but not
enough to take to court; however, I do have substantial proof (evidence) regarding the violations occuring adjacent to our
property.

I will send this info to Rip-off Report to post or I will submit this below.

The store owner's also operate another grocery store on the other side of town where residents who live nearby also complained of noise from the stores refrigeration equipment.

I investigated this complaint, and was told by a code officer by the name of Rebecca Dallas that she was the officer who investigated the noise complaint.

She also told me that she took sound measurements on the plaintiffs property, and even admitted that the noise could be heard indoors, but she did not feel the stores noise was in violation of Panama City codes.

The same occured when I called the code e. regarding the noise where we reside, but received the same answer from another code officer who had taken only two measurements on our property.

Not being satisfied with these findings, I called the commissioner for our ward who had the code e. return to our property for more measurements, but the conclusions were the same, so I called on the police dept. for help.

They sent an officer Randy Squire to our property who arrived at 1:30 am January 24th, 2001, and his report concluded that the grocery store was in noncompliance of city codes.

This is when the code e was forced to cite the store for said violations, and this is when enclosures began being erected by the son-in-law of one of the owners.

These enclosures remained for one year before they were removed; even if the enclosures did little to solve the problem.

As I have mentioned, I have received no help from this city's local government, office of the governor, Florida's dept. of environmental protection, the agriculture department, our local
health dept., the epa, and other entities involved.

All of Florida's laws, this city's municipal codes and more violations of noise, vibration and
substantial diminution being forced upon ourselves, and our property, but nothing has been accomplished regarding this issue; Laws like Florida's Constitution, Article 2, Section 7
which states, "Excessive noise will not be tolerated, or Florida Statutes, Chapter 403-031-7, Definition of Noise, 403-161, 381 General health provisions, U S Code, Title 42, Chapter 65, Section 49, Panama City municipal codes, Chapter 18 Nuisances, 18-83 Performance standards, and much more.

So far we, the owner's of said property located at 1505 Chestnut Ave. have paid out approximately $6,000 dollars in property taxes, and have received no real reprensentation for these funds, let alone the cost of an expert noise consultant, and many hours of time and resources expended, yet still no relief for our troubles.

The conditions we are forced too live under are at best, intolerable, and is an egregious violation of this city's codes.

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