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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37081
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My neighbors are aloud and I am not able to get enough sleep.

Resolved Question:

My neighbors are aloud and I am not able to get enough sleep. I tried to talk to them and also to the building manager but with no positive results. Its been going on for almost two months now and it really started to affect my work and my appearance. Can I do anything about it? Are there any laws?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your queston. Please permit me to assist you with your concerns.

If I may ask, where exactly are you located--what city and state? Also, are you residing in an apartment complex with them or are they next-door neighbors? Other than communicating with the building manager, what else have you tried?
Customer: replied 1 year ago.

I live in Sherman Oaks, CA in an apartment complex.


Before moving in I have explained to the manager that I need a quiet place and its one of the main criteria for my place ( as I have a severe PTSD and misophonia) He assured me that its a quiet building, no noise after 10 pm. and if there is noise he takes care of it.


I have talked to the neighbors directly and to the manager numerous


times. One neighbour when I approached him with the complaint threatened to hit me.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Sherman Oaks is located in Los Angeles and therefore Los Angeles Ordinances governs this situation. Luckily for you the county specifically has noise limitations on noises after-hours or noises that are considered loud, unusual, or unnecessary. If the neighbors do not stop, call the police and request that they cite them under the Chapters that I am listing below for your use. Then the neighbors may end up becoming quieter as they will be fined by the city and they will also open themselves up to you for a potential private civil suit for harassment.

Hope that helps!

Chapter 13.45 - LOUD, UNNECESSARY AND UNUSUAL NOISEpermanent link to this piece of content

Sections:

 

13.45.010 - Loud, unnecessary and unusual noise.permanent link to this piece of content

Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to wilfully make or continue, or cause to be made or continued, any loud, unnecessary, and unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

A.

The level of noise;

B.

Whether the nature of the noise is usual or unusual;

C.

Whether the origin of the noise is natural or unnatural;

D.

The level and intensity of any background noise;

E.

The proximity of the noise to residential sleeping facilities;

F.

The nature and zoning of the area within which the noise emanates;

G.

The density of the inhabitation of the area within which the noise emanates;

H.

The time of the day or night the noise occurs;

I.

The duration of the noise;

J.

Whether the noise is recurrent, intermittent, or constant; and

K.

Whether the noise is produced by a commercial or noncommercial activity.

(Ord. 2001-0075 § 1 (part), 2001.)

13.45.020 - Penalty.permanent link to this piece of content

Any person violating this chapter is guilty of a misdemeanor punishable by a fine or by imprisonment no more than six months, or both. The fines imposed under this chapter are as follows:

A.

A fine of not more than $100.00 for a first violation;

B.

A fine of not more than $200.00 for a second violation of the same provision of this ordinance within one year;

C.

A fine of not more than $500.00 for each additional violation of the same provision of this ordinance within one year.

Customer: replied 1 year ago.

Thank you for your reply.


I have called the police and they said they do not come because of the noise. What are my other options?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. You are most welcome.

Then the next step is for you to consider recording the noises for your evidence and then coming to the police station yourself, filling out an intake form, and seeking that the police cite them as per your request. This is the longer process but it is as effective.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37081
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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