What proof is needed to win a nuisance suite against a noisy neighbor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What proof is needed to win a nuisance suite against a noisy neighbor?
I have a neighbor who throws parties in his front yard. These parties usually end up with he and his friends getting drunk, fighting (verbally) and yelling obscenities at each other and anyone who tries to ask them to quiet down. Previous attempts to speak with them directly result in confrontation and threats of violence. We have an existing county (now city) ordinance but the sheriff’s office never seems to enforce it. I have small children who are subjected to this as it is so loud that it can be heard inside our house across the street. It’s loud enough to wake sleeping children. Can I sue the Sheriff for not enforcing ordinance?
Asked on January 1, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to deal with the sheriff's failure to enforce county ordinances is to have a meeting with your county supervisor about the situation that you are confronting and the sheriff's failure to enforce the noise ordinance in your community with respect to the problem that you seem to have with your neighbor.
In general to win a nuisance lawsuit against the noisy neighbor you need to prove that more likely than not the neighbor has violated county noise ordinance repeatedly and his continued violation serves no redeeming social benefit. I suggest that you consult with an attorney who practices governmental entity law to assist you concerning your situation.
From what you have written I do not see a factual basis for bringing an action against the sheriff for not enforcing the noise ordinance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.