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i live in a small borough just outside of Pittsburgh and i

i live in a small...

i live in a small borough just outside of Pittsburgh and I have been having an issue with my neighbor for several years. He is obnoxious and just doesn't like anyone around here. Now this neighbor has reported me to our borough code enforcement officer about our gutters (they were recently damaged in a storm) and we have been served a notice of violation and given 10 days to repair or face a large fine ($1,300.00). We just had recent storm damage that caused the gutter to fall and are working with our insurance company to get it repaired. We are still in the stage of appraisals and it takes a little time. We can't afford a fine as my husband suffered major health issues in late summer last year and we are trying to recover financially from his lost of work for 3 months. But I can't guarantee we can get the repairs completed within 10 days either! This neighbor has made 2 other false reports on us in the past to authorities for flooding in his basement which turned out was his own sewer lines creating the issue. But he reported us to the health department who told him it was not our lines and then he reported us to the county/state health department who also told him it was not our lines - yet I was forced against my will to allow officials into my home to run tests on our lines, etc (even after our water company checked twice and stated it was not an issue from our house). Then he tried to force us to pay for cameras to be sent down our drains (which I could not afford since I had surgery and was out of work!) so I refused because I told him the water/sewage company had already assured us our lines had no issues!! So he got very angry and said we would pay for repairs for the damage to his house and basement cause he knew it was our sewer causing the damage! I had - had surgery a few days before and my neighbor knew I was in a lot of pain and yet I had to get upset, stressed and worried plus I had to get up and allow strangers into my house because he is the type who tries to get everyone else to pay for repairs to his property and I am tired of it and want to know if I have right to sue him over all the upset, stress and worry he keeps inflicting upon me. no one in our neighborhood likes him because he treats everyone like they are beneath him..unfortunately i live right beside him so there is no escape and I refuse to sell and move. Can i at least put a restraining order against him so he knows we are fed up with his actions causing us stress and emotional upset? I just want him to stop bothering us with petty issues that only keep me upset and worried about what the next thing will be and when. I take care of my property and try to avoid him at all costs..he is just obnoxious and doesnt want to apologize for how he has treated us. I am sick of it!! It is really starting to make me angry now...i take anti-depressants cause i can't handle this kind of upset and stress and he just keeps making it worse! I haven't done anything to this man and out of the blue he just starts trying to create issues for us.

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Answered in 14 hours by:
6/2/2013
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Customer reply replied 4 years ago

i am willing to wait. I have put up with this neighbor since 2005 so a few more days won't make a difference

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LegalEagle1
LegalEagle1, Attorney
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Hello and welcome to JustAnswer. I would like to assist you with your question today.

I am sorry to hear about your situation.

As far as repairing the gutters within 10 days. Usually if you communicate with the code enforcement officer and let him know that you are taking steps to have the repairs made they will allow you additional time to complete the repairs. This does not mean you can months to do the repairs. But extending the time by a few weeks is possible. What you will want to do is to let him know that you have contractor lined up to do the work and when the expected completion date is. If you have a written contract with an anticipated completion date, provide that the code enforcement officer. Also if you can temporarily fix the old gutters so they still function that may appease the officer. The code usually doesn't distinguish between a dented or bent gutter that has been straightened out and a picture perfect gutter.


As far as taking out a protection order against your neighbor that can be difficult. Protection From Abuse Orders of PFA's are available in Pennsylvania when the abuser is a family member. That is not the case in situation. You many be able to file criminal complaints against your neighbor for Harassment and stalking 18 Pa.C.S.A § 2709.1 and Harassment 18 Pa.C.S.A § 2709.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.027.009.001..HTM

http://www.legis.state.pa.us/WU01/LI/LI/US/PDF/2002/0/0218..PDF

Review the two statutes and see if his conduct is similar to what is prohibited by the statutes. If so report it to the police.

If it is not you can still notify him that you do not want him to come on to your property or to make attempts to communicate with you by calling, yelling at or attempting to talk to you. If he does not honor that requests then you should be able to hopefully have harassment charges filed against him.

I hope that I have answered your question. Please let me know if you have more questions or need more information.

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