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Resident urges action over alleged business operations, noise at 131 Orchard Street
Summary
Resident Kathy Durbin told the council that persistent noise, rotating metal and appliances appearing in a driveway at 131 Orchard Street have disturbed her since 2019; council agreed to send a letter via counsel and to review the city code on noise and home-occupation rules before taking additional enforcement steps.
Resident Kathy Durbin told the Swisher City Council that activity at 131 Orchard Street has been ongoing since 2019 and has left her unable to peacefully use her home. "I just want the noise to stop, and I want the junk and the clutter to stop," Durbin said, describing saws, jackhammers, skid loaders and repeated deliveries of metal and appliances into the driveway. The council acknowledged receipt of Durbin's letter, photos and one printed image that would not open on the meeting computers.
Neighbors and the property owner disputed that the property is being used as a business. One neighbor told the council, "There is not a business running out of... I'm not running a business," saying the work and equipment at the address are for personal home projects. Council members debated whether the yard activity constitutes a home occupation versus commercial activity, and staff noted the city code contains a general disorderly-conduct/noise provision but no enumerated city noise-hour schedule. The chair stated that no city noise hours were found in code and that enforcement would therefore rely on the existing disorderly-conduct language.
After discussion the council agreed to have counsel send a formal letter to the property owner describing ordinance expectations and to table further action while staff and council research comparable noise ordinances from neighboring municipalities. The council also discussed typical compliance windows (30, 60 or 90 days) and asked staff to report back with recommended options and legal next steps.
