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I have a home owner with two dogs that bark all the time,

Customer Question
I have a home...

I have a home owner with two dogs that bark all the time, have filed a complaint form to the city of Oxnard, five weeks ago, to date they keep dragging their feet to get it fixed, second, they have a very small yard, with two dogs, the yard is full if dog feces which small so bad I can use my patio. I checked with Oxnard Code enforcement, who did not help as well, nor did the Oxnard Health department. So, what are my options?, thank you, ***** *****

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Oxnard, CA

Lawyer's Assistant: Has any paperwork been filed?

Yes, I filed a Oxnard Nuisance Complaint form with copies of two of my neighbors back September 7 2017

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have not been able to contact my neighbor as they seem to be away early in the morning to late a night. The live in a well to do neighbor hood, I have pictures of what the back yard looks like..

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 24 minutes by:
10/3/2017
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 32,264
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

A homeowner has an obligation to use and enjoy this property in a manner such that it doesn't interfere with the neighboring owners. That includes noxious odors emanating from the property, and dogs barking at night. Nuisance is a private cause of action.

You can file in Small Claims seeking damages only of up to $10,000. That might get them to clean up and control their dogs. Or if you file in Superior Court, you can also request a court order requiring them to clean the yard and keep the dogs quiet. Once you have a court order, if they do not comply, you'll be able to seek additional damages for contempt.

For Small Claims, the courts have forms online that you can use. The Superior Court doesn't have something specific for civil nuisance, but if you can get to a law library, they should have books with examples you can copy.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 8 months ago
Thank you for the response, I noticed that you haven't found the city in violation of the Code violation law as well. If we choose to sue, can the city be included?
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 months ago

The city unfortunately cannot be found in violation of their own ordinances. They have discretion in deciding what to pursue and when. But the city can't be sued for not enforcing ordinances - they have immunity. The lawsuit here is against the homeowner.

If the city eventually does show up and issue tickets, that might help persuade your neighbor to fix things.

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Customer reply replied 8 months ago
Thank you for your help, but I can't afford the costs, was hopping the costs would be paid be the clients.
Real Estate Lawyer: Lucy, Esq., Lawyer replied 8 months ago

If you sue, you can request reimbursement of the filing fees as part of your damages.

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