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Legal Ease
Legal Ease, Lawyer
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My problem is infrasonic and low frequency noise from

Customer Question

My problem is infrasonic and low frequency noise from machinery at an MMAR licensed grow op.
I don't believe the name on the title for the grow op property is valid. The title states the residential address is the house used for the grow op. No one lives there.
How do I send a registered letter to the owner of the property?
Would you vet a letter that reads as follows:
***start*** March 2016
Mr Seaman and Ms Neubauer (or the registered owner of 465 Catherine Place)
465 Catherine Place
Campbell River BC
V9W6S2
Dear Mr Seaman and Ms Neubauer (or the registered owner of 465 Catherine Place)
I am experiencing intermittent low frequency and infrasonic noise nuisance in my home. The noise is not heard; it is experienced as vibration and other distressing physical effects associated with low frequency and infrasonic noise.
Please find attached a sheet showing spectrum analysis of a recording of noise taken from the schoolyard behind your property at 465 Catherine Place at Exhibit A.
Please find attached a sheet showing spectrum analysis of a recording of noise taken in my home during an episode where noise effects are experienced at Exhibit B.
Please find attached a sheet showing spectrum analysis of a recording of vibration taken in my home using a seismometer at Exhibit C.
You will note the spectrum analysis shows frequencies of noise and vibration in my home that are the same as noise produced at your property. The noise and vibration in my home is clearly being caused by noise generated at your property.
You are requested to cease and desist from causing further nuisance in my home. Failure to do so will result in my seeking redress in court.
A response to this letter is requested by close of business March 2016. Failure to respond in writing will result in court action being initiated.
Sincerely,
*** end letter ***
Is the following correct? I would be looking at tort of acoustic trespass and tort of acoustic nuisance. The main aim is to stop the noise from occurring and apparently if I can prove acoustic trespass then I don't have to prove nuisance ... which apparently requires that I prove damages when the physical impact has been annoyance and sleep disturbance.
The last question is how to determine if I have enough evidence to go to court?
The recordings and spectrum analysis were done by me. The problem is intermittent and the closest acoustics consultant is in Victoria ... 4 hours away.
The noise is not audible but is felt. Think helicopter flies over head ... you hear the noise and you feel the floor shake. The floor shakes because of the noise in the infrasonic spectrum ... you don't hear it. The stuff I am experiencing isn't as strong as that with the example helicopter ... but it is enough to cause parts of my body to resonate and feel as if there is vibration. A seismometer is showing the house is vibrating. No one else in the neighborhood is experiencing the same noise effects.
Bylaw enforcement is refusing to investigate. They say the Bylaw Enforcement cant feel or hear anything and that I am the only one complaining. He hasn't been in my home during an episode and has no tools (and probably no competence) to measure low frequency noise.
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

I am sorry to hear this.

The letter is good.

In court you would have to prove that the noise or vibrations are above community standards and are depriving you of your right to peaceful enjoyment of your home. This noise/ vibration is considered a nuisance and is a tort or civil wrong doing just as if they were throwing dirt into your yard, for example.

Does that help?

Customer: replied 8 months ago.
Where would I find 'community standards'? My town has bylaws about noise that do not include numbers for sound pressure level or special cases where there is tonal noise (as is mine) but bylaw enforcement doesn't understand what infrasonic noise is: he thinks it means ghosts. Any place where there is competent bylaw enforcement (see low frequency noise report for government of scotland) the first step is for the bylaw enforcement to visit your home when the noise is going on so that he knows what to look for ... that hasn't happened yet.
Customer: replied 8 months ago.
Low Frequency Noise Report for Government of Scotland
http://www.gov.scot/resource/doc/158512/0042973.pdf
Customer: replied 8 months ago.
Campbell River Public Nuisance Bylaw
http://www.campbellriver.ca/docs/default-source/Document-Library/bylaws/3543-public-nuisance-bylaw-2014-consolidated-to-bylaw-3589-2015A62D25AA4788.pdf
Customer: replied 8 months ago.
Campbell River Grow Op Bylaw
http://www.campbellriver.ca/docs/default-source/Document-Library/bylaws/3154-cr-grow-operation-health-nuisance-and-safety-2005.pdf?sfvrsn=0
Expert:  Legal Ease replied 8 months ago.

There is nothing that specifies what community standards are in this case but you would likely need an expert to provide a report.

You should really see a local lawyer and have that lawyer start to write letters threatening a lawsuit.

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