DeKalb ‘party house' strikes again, infuriating neighbors. County vows to crack down
The Brief
Last week, the owner of a mini-mansion in unincorporated DeKalb County that's so loud neighbors compare it to a "commercial nightclub" said he would spare them a Memorial Day bash. But he did hold a party the day before Memorial Day.
Surrounding neighbors have complained about the home owned by Brock Shorter for more than a year. But police tell neighbors the county's noise ordinance can't be enforced until 11 p.m.
This week, the county's Planning and Sustainability Department sent Shorter a stern warning letter, telling him to "cease and desist" with any illegal activity or be prosecuted. Shorter has appealed. The director of Code Compliance and Enforcement also vowed to crack down.
DEKALB COUNTY, Ga. - There's sound, then fury. Neighbors living around a mini-mansion in unincorporated DeKalb County told the FOX 5 I-Team they're sick of loud parties and booming music that penetrates the walls of their homes.
County officials say they hear their frustrations, with code enforcement planning to crack down if the party-thrower crosses any legal lines.
"We're going to monitor this property," Code Compliance and Enforcement Director Tonza Clark told the I-Team this week. "And we're going to send that clear message – that that behavior will not be tolerated in DeKalb County."
SEE ALSO: DeKalb 'party house' rattles nearby homes, despite multiple calls to authorities
The backstory
Last week, the I-Team reported how homeowners in a once-quiet neighborhood, just inside I-285, have suffered with a so-called party house for nearly a year and a half.
The $1.8-million home is owned by 36-year-old Brock Shorter, who throws his own parties and has rented out the house for private events in the past, something forbidden under the neighborhood's residential zoning.
On Sunday, his neighbors suffered for yet another day.
Code Compliance had met with Shorter on May 21, when he assured officers he would not hold a Memorial Day party that was being advertised online. But there was a party after all – a wedding event the day before Memorial Day.
This time the I-Team was there. Oppressive noise carried into homes and reached back yards on other streets. The party could be heard inside a neighbor's kitchen more than 200 feet from Shorter's pool.
Pounding music and a blaring voice over a loudspeaker resonated through Andre Jackson's and Lisa Burrows's home, next door to Shorter. There were armed guards posted at Shorter's gates, and vans appeared to be shuttling guests to and from the party.
In June, Jackson delivered a letter to the County Commission and Code Compliance signed by 30 other neighbors, begging for help and comparing Shorter's house to a "commercial nightclub."
"Why do I have to be subjected to this?" Jackson said on Sunday as the party unfolded. "I grew up in neighborhoods that were far less 'middle class' than this. And people there even, for the most part, knew how to behave."
Another neighbor living about 300 feet from Shorter's house summoned police, telling an officer he and his wife "cannot function" inside their home, according to a police report. The officer noted 20 to 25 cars parked in the mini-mansion's driveway.
Shorter declined to speak on camera Sunday, but communicated with the I-Team by text message.
"My best friend from college got married and this is the reception," he said. "So if they are mad, it is what it is.
"It ends at 10," he added. "You can tell them sorry for the inconvenience."
SEE ALSO: Woman shot at South Fulton house party; owner says he had security
What we know
The I-Team watched as police spoke with party personnel posted at the gates, then left.
"Police did not find anything actionable," a department spokesman said in an email.
Code Compliance showed up later, also leaving without taking action.
"We did not find any violations taking place at the time when our officers arrived," Clark, the code enforcement director, said. "I think the event was winding down its last stages."
Clark was outside Shorter's gates the next day, making sure the advertised party didn't happen. She said her department will keep a close eye on the house to protect surrounding neighbors.
"If we come out and he's having a party, and there are cars and there's a lot of noise and there's the illegal parking, we will cite him for that," she said.
Nor will the county tolerate any for-rent events, she said. There is no evidence, nor any allegation, of Sunday's party being a revenue generator.
"He does not have any special permission to have paid parties and run an entertainment business out of a residential property," she said.
Also this week, the county's Planning and Sustainability Department sent Shorter a warning letter about "unpermitted use in a residential zoning district," accusing him of holding illegal commercial public events and possibly creating fire safety risks.
"This letter is intended to put you on formal notice that the reported activities have been deemed illegal, and that they must cease and desist immediately or be subject to prosecution," the letter from Interim Director Cedric Hudson said.
The other side
Shorter has lodged an appeal, saying in a response letter that he's never been cited for noise violations; his parties are mostly outside and do not pose safety risks; none of his parties are open to the general public; and previous citations against him were dropped and should not be the basis of further action.
"I fully intend to comply with all applicable zoning laws, fire codes, and safety regulations," Shorter's letter, dated Tuesday, said. "I simply ask for clear communication of any documented concerns and the opportunity to enjoy my private property within the boundaries of the law."
The DeKalb County Solicitor-General's Office has explained that two previous citations issued to Shorter – for not having a business license and running a business in a residential area – were nolle prossed because the citing officer had left Code Compliance, so the prosecutor didn't have a witness. It's not clear why a former department employee couldn't be called to the witness stand.
"This dismissal does not prevent the Department of Code Compliance from reissuing citations should new evidence or witnesses become available, nor does it preclude further action related to the case," a spokeswoman for the Solicitor-General said in an email.
In a text, Shorter told the I-Team, "If anyone believes I'm doing something illegal, they should provide the specific law or issue a citation. If that happens, I will immediately correct it and make sure it doesn't happen again.
"I'm not a bandit," he said. "I'm a law-abiding citizen who wants to do things the right way."
Big picture view
The big question, though, is what the county can do now about loud noise shaking the neighborhood before 11 p.m.
"Currently, we do have some barriers to our current noise ordinance," Clark said.
The County Commission is considering code revisions that would cap decibel levels at 65 during the day, the ban lasting until 11 p.m. on weeknights and until midnight on Fridays and Saturdays. After 11 p.m. or midnight, the proposed ordinance would forbid sounds that are audible 100 feet or more from the source.
That would be in line with some surrounding jurisdictions. Cobb County has a 70-decibel limit during the day. Gwinnett County's ordinance has distance limits, usually 300 feet during the day.
Atlanta has a similar limit for party noise – barring sounds "plainly audible" 300 feet or more from the source.
SEE ALSO: Atlanta City Council to vote on stricter regulations for 'party houses'
But during the wedding party Sunday, Andre Jackson's decibel meter mostly read in the upper 50s and low 60s on his property, occasionally spiking as high as 70.
He said DeKalb's proposed decibel limit won't be enough to protect neighbors.
"Sixty-five decibels – with the music that's going on and the yelling of the DJ you may hear in the background at this moment – sounds sort of like somebody firing a howitzer in my back yard," he said. "If it were me, I might cut that to two-thirds of 60, or even half of 60."
The Source
The FOX 5 I-Team reported May 22 how a new mini-mansion in unincorporated DeKalb has driven surrounding neighbors to the brink with loud and frequent parties. For this story, the I-Team was on hand for yet another loud gala held the Sunday before Memorial Day. Reporter Johnny Edwards also spoke with Code Compliance and Enforcement Director Tonza Clark and obtained the county's warning letter sent to the property owner.
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