Legal Question in Environmental Law in California

Noise pollution

I live in Southern California. My neighbor installed three (3) swimming pools pumps those are less 7.5 feet from my house. It make pretty loud noise when three pumps are running.

I filed a complaint to the Code Enforcement Department about

five months ago. Unfortunately, so far, the situation did not get

improved much.

The problem is that the Code Enforcement Department screwed up when measured the noise level. So, I hired an independent consultant to get an official report to show them the problem. After that, they agreed to talk to my neighbor again and tried to get his cooperation.

However, I don't have too much faith in them after five months of disappointment.

The noise really is affecting my health, my family and well being.

Should I hire an attorney to sue the city & my neighbor?

Asked on 11/07/08, 7:40 pm

2 Answers from Attorneys

Thomas Mauriello Mauriello Law Firm, APC

Re: Noise pollution

You may hire an attorney to either send a demand letter or sue the neighbor. The main legal claim is for nuisance. There may be other claims as well.

You are wise to obtain some sort of expert report to evidence that the noise is excessive or is higher than some kind of objective standards.

Let me know if you would like to discuss this matter.

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Answered on 11/07/08, 7:48 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Noise pollution

Well, probably the neighbor will not put in the time and money to change the pump setup unless he must. This means either action by the Code Enforcement Dept or a lawsuit. I dont know if the Dept requires notification to neighbors of building that may affect the property in this case but it does in many cases before granting a permit. They made have erred somewhere but unless you have an attorney bring the issue through the proper channels, they will not do anything, even if they did make a mistake. The other option is to sue. However, before either, I might have an attorney write a letter to your neighbor. Do not write it yourself. The letter should be the right combination of neighborly politeness and evidence that if he does not change the situation, he can be made to do so at greater expense to both of you, the next and certain result.


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Answered on 11/08/08, 1:42 pm

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