A man is questioning the city of Mesa for giving what he calls "special preference" to a privately owned golf course, by allowing them to violate the city's noise ordinance laws.
JB, who has no legal last name, reached out to ABC15 saying he wanted to know why the private golf course did not have to follow due process to get an exemption to the noise ordinance like other businesses.
JB said the hum of the lawnmowers woke him up at 4:30 a.m., and he could not go back to sleep, calling it a nuisance.
JB said he had called Mesa police, who showed up to look into the noise complaints.
Police report ABC15 obtained stated the officer who responded actually looked up at the Mesa City Code and "confirmed that landscape maintenance was allowed only between the hours of 6 a.m to 10 p.m."
When police reached out to the Sunland Village Golf Course and contacted the General Manager Ray DeBois, they were told DeBois had been working with police and the city and had been told golf courses were exempt from the noise ordinance and were allowed to begin landscape maintenance before 6 a.m.
Debois provided the officer with a letter from a police detective requesting that an officer investigating the noise issue contact him (the detective) before taking any enforcement action.
The police report states the officer was able to reach out to the detective and, "was advised the City of Mesa is in the process of rewriting city code to allow golf courses a variance to Mesa City Code 6-12-6G. Furthermore, this case was presented to Mesa Police Legal Staff. The Legal staff recommended no enforcement action should be taken while the variance is in process."
"Police have tried to treat me with respect. I appreciate the officer that told me I'm embarrassed I can't enforce the law," said JB. "So where are the checks and balances? There aren't any. Right now they're being given carte blanche to do whatever they want. We're not going to enforce the noise ordinance with you."
JB added that the golf course should have to follow due process just like any other business or individual.
JB said the city should have held a public hearing on the issue to grant a variance in this case, and if they did he wanted to speak on the record.
"I should be allowed to ask if they can add two more lawnmowers and start an hour later, or do the work at night after 7 p.m. when the course closes," JB said.
JB said he had reached out to the golf course himself, and received a letter from the general manager.
"The first letter I got back from them is basically we've been doing this for so many years; we can do whatever we want. My opinion is you can't do whatever you want. There is a process for it," said JB.
A city spokesperson told ABC15 residents living in the Sunland Village community should have known they were buying a house next to a golf course. We asked JB if he had thought about that before purchasing his home.
"I knew there was a golf course, but I also knew the city ordinance, and the ordinance says no noise until 6 a.m.," said JB.
Mesa city officials say they are looking into the concern and will get back to us.
