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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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How do I stop a terrible barking dog nuisance in my Brevard

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How do I stop a terrible barking dog nuisance in my Brevard County, Florida neighborhood? I have notified Brevard Animal Services numerous times and now must sign an affidavit stating date and duration of each of five different barking occurences. I must also find a neighbor to do the same and both of us must appear in court to testify or the dogs just continue to bark.
This means we need to sue our neighbor. Not good for promoting a frendly neighborhood. I also visited with our commissioner, Chuck Nelson, who notified Code enforcement, who in turn, visited the residence and removed 4 of the 8 barking dogs. This helped temporarly, but now the barking has resumed at all hours of the day. How can I end the barking without suing my neighbor?
Thank you,
JimBerg
Submitted: 2 years ago.
Category: Legal
Expert:  LegalKnowledge replied 2 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

I certainly understand your concern. Has the city issued any fines to the owners?

Customer: replied 2 years ago.
No fines.
Expert:  LegalKnowledge replied 2 years ago.
If you want to try and avoiding suing them as a result of the nuisance, you can see if they city/county would issue fines regarding this. This may help and lead them to make more of an effort to control their animals. Moreover, you should record the barking for evidence, in the event you need to sue. I understand that it is the last thing you want to do but if you have an animal owner who has no control and is unwilling to cooperate with you to resolve this, the courts are the last option. They could lose the animals and if they dont want this to happen, need to stop the unnecessary barking. Thank you. If you do not have any other questions, please click the accept button, so I can get credit for my answer.
Customer: replied 2 years ago.

The Brevard Animal Services administrator asked me "what do you want me to do?", I responded, stop the barking. He said his department can do nothing without two neighbor complaint affidavits.

How can I find out about getting these people fined and since these dog owners are tenants, what responsibilities does the landlord have with regard to neighborhood nuisances caused by his tenants?

Thank you,

JimBerg

Expert:  LegalKnowledge replied 2 years ago.
Do you know who the landlord is?
Customer: replied 2 years ago.

I must look him up on the Brevard Property Appraiser. The address isXXXXX Cocoa, Florida, 32926.

http://www.brevardpropertyappraiser.com/asp/record.asp.

Expert:  LegalKnowledge replied 2 years ago.
You should reach out to the landlord and advise them of the situation. It is very possible that the tenants are in breach of their lease agreement by having so many dogs on the property and the owner not being aware of it. As such, he could possible ask them to get rid of the dogs or vacate.
Expert:  LegalKnowledge replied 2 years ago.
Are you able to get two neighbors to support your claim as required?
Customer: replied 2 years ago.
This is very difficult. It exposes their family to danger and they must forfeit a work day to appear in court with me or the case will be thrown out.
Expert:  LegalKnowledge replied 2 years ago.
The decision is up to you. The court will decide. It is possible that the affidavits will satisfy the court and they will not need to appear. If you want to stop this, you need to take legal action unless your neighbor is willing to stop the noise. Thank you and good luck. If you do not have any other questions, please click the accept button, so I can get credit for my answer.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15817
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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