Tuesday, August 13, 2019

City says steady drone of cryptocurrency operation won't be prosecuted

Posted By on Tue, Aug 13, 2019 at 12:03 PM

click to enlarge Shipping containers line the backside of a building on Garden of the Gods Road where Bitcoin mining is under way and fans used to cool the computers generate noise in a neighborhood about 350 feet away. - PAM ZUBECK
  • Pam Zubeck
  • Shipping containers line the backside of a building on Garden of the Gods Road where Bitcoin mining is under way and fans used to cool the computers generate noise in a neighborhood about 350 feet away.
It's noise as usual in the Chelsea Glen neighborhood just south of Garden of the Gods Road.

After months of wrangling with the city to demand that a Bitcoin mining operation comply with the city's noise ordinance, neighbors received bad news Aug. 12 from city Planning Director Peter Wysocki.

He wrote in an email to neighborhood resident Ron Graham Becker that the city won't issue a citation.

From his email:
On July 30, 2019, Neighborhood Services staff reviewed the evidence collected on the aforementioned inspections with the Prosecution Division of the City Attorney’s Office. Upon conclusion of this meeting, the Prosecution Division did not feel there was sufficient evidence to warrant prosecution at this time.
Wysocki also advised the city hasn't closed the case, however, and more testing will be conducted in September, after 3G Venture owner, John Chen, finishes installing other devices to muffle the sound.
 
As expected, all that doesn't sit well with Graham Becker. First, Graham Becker says testing that averages the readings isn't valid. Second, the city never tested the noise over a long period of time, notably through the night when residents report the hum continues unabated and in violation of the city's 50 decibel limit.

Says Graham Becker:
The City's decision not to prosecute was not surprising. It was a predictable volley and I expected as much. Regardless, it was a disappointing blow and I feel the City of Colorado Springs has let the neighborhood of Chelsea Glen down tremendously. Mr. Chen's business continues to violate noise ordinances during nighttime hours almost 100% of the time, according to my readings. Mr. Chen has played the City for about a year, without incurring consequences for his actions. However, the residents of Chelsea Glen will keep fighting this until he is in compliance with the law. I suspect that there is a lot more to this case than meets the eye.

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