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Ben Lee
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Real Estate Broker / Licensed Attorney
ben@benleeproperties.com

Coldwell Banker
Beverly Hills North Office

301 N. Canon Drive, Suite E
Beverly Hills, CA 90210
(310) 858-5489 direct
(310) 704-6580 cell
Ben Lee Properties Coldwell Banker Previews International

Ben Lee has sold properties throughout the Westside of Los Angeles, including Cheviot Hills, Pacific Palisades, Santa Monica, Brentwood, Beverlywood, Westwood and Beverly Hills. Ben is a Cheviot Hills resident.  Learn more about Ben here.

 

Barking Dogs and Noisy Neighbors
Everyone has the dream of one day owning a home.  However, for some people the realization of that dream is bittersweet when it becomes marred by the noise of an inconsiderate neighbor.  Barking dogs, loud parties, quarreling family members, all can cause annoyance to neighbors and, if occurring repeatedly, can diminish the sanctity that one enjoys in their home.  So what do you to prevent or respond to unreasonable noise?

Noise is regulated by Chapter XI of the Los Angeles Municipal Code.  The responsibility for enforcement of the Noise Ordinance is delegated to the Police Department, the Department of Building and Safety, and the Department of Animal Regulation.  The Police Department is responsible for the enforcement of Noise Ordinance violations involving people generated or controlled noises, which are considered disturbances of the peace.  The majority of noise related complaints should be directed to the LAPD at 877-ASK-LAPD.

Should it be necessary to call the LAPD to silence a neighbor, you should obtain business cards from the responding offices who have the authority to issue a noise violation which many result in a monetary fine.

If the noise issue is not resolved without the help of the courts, the responding officers may serve as valuable witnesses should the issue proceed to trial.  In determining whether or not a noise causes a violation of the Los Angeles Municipal Code, the following factors are considered

  • Level of the noise
  • Nature of the noise
  • Origin of the noise
  • Level and intensity of any background noise
  • Proximity of the noise to sleeping facilities
  • Nature and zoning of the area
  • Density of inhabitation in the area
  • Time of day or night the noise occurs
  • Duration of the noise
  • Whether the noise is recurrent, intermittent or constant
  • Whether the noise is produced by commercial or noncommercial activity

 In most cases, the issuance by the police of a noise violation is the only remedy available to silence a noisy neighbor without the court’s involvement to enjoin the noise violation as a public or private nuisance.  A nuisance is an interference with one’s use and enjoyment of property.  So long as the interference with property is substantial and unreasonable, and would be offensive or inconvenient to the average person, virtually any disturbance of the enjoyment of the property may amount to a nuisance.  A public nuisance claim is brought by and for the benefit of a single party.  Courts consider many factors: the harm that would be caused by discontinuing the activity, the manner in which the activity is conducted, the location of the activity and the nature of the surroundings. 

An alternative to involving the police or the courts is to settle the dispute with your neighbor peacefully through mediation.  The Los Angeles County Bar Association offers Community Mediation Services.  The LA County Bar Association’s Dispute Resolution Services Department can be reached at (877) 4-RESOLV.  The Los Angeles City Attorney’s Dispute Resolution service can be reached at (213) 485-8324. 

Regardless of the avenue chosen to address a noisy neighbor, the reality is, they will still be your neighbor.  Taking that fact into account, a cooperative resolution, if possible, is preferable to police or court Intervention. 

 
Comments (2)
2 Wednesday, 07 July 2010 02:10
No name
Wanted to know how to resolve issues with neighbors next door to our complex.For at and 1/2 years it has been nearly nightly (specific betwenn 10 and 12:30 that children are screaming in anger at each other,at their parents,playing loud music at 6 am and all with windows open.We have gone to manager and also the people where noise is coming from all to have very angry adults telling us to F off and have said it out their window when we have asked them to be quiet and yes it has reached a level where we feel angry.We have called police only once because it continued and calling the police every night seems to be a waste of our officers time in so may ways.We are going to try a letter to manager whom we believe it is his apartment that children live.We have witnessed child slap parent in face and the father slaps them back.On one instance they threw rocks at our home from the roof.We our somewhat concerned for our safery as there are vast differences in culture and lifestyles.It obvious that no one in the complex will say anything because we feel fairly certain it is the managers apartment wher most high levels of disturbance occurs.If you have time please advise.
1 Tuesday, 17 March 2009 20:59
Alan K.
Ben we are going through this right now. Our neighbor has two small dogs that like to spend most of the day barking at our kids. Thanks for the tips.

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