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Old 11-17-2011, 06:23 PM   #1
VotsUtegems

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Oct 2005
Posts
544
Senior Member
Default Suing in Civil Court over Nuisance Barking?
I have been compiling a log of the constant barking and conversations I've had with my next door neighbors. Animal control has been there from other neighbors calling but nothing has been done. This dog goes on for hours almost every day. One day was over 7 hours with no more than 15 to 20 minute breaks in between the noise.

I work from home and it's a major distraction and constant headache. I haven't quiet enjoyment in months.

Can this neighbor be held accountable for a portion of the rent I've paid during the time I've been keeping this log? What other evidence should I compile to make my case? Are recordings admissible?

I have successfully sued other people in small claims/civil court over other problems, money owed, etc but never on this type of complaint.
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Old 12-04-2011, 07:05 PM   #2
heilyprollecyspor

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Oct 2005
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494
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Default
I am dealing with a similar problem, TWO big dogs each on TWO sides of my property and all with unsympathetic owners. During the day those barking dogs are just a nuisance, but at night they disturb our sleep. When you get up before 5 am to start your day...
There IS a nuisance ordinance on the books (see my thread in the Chestnut Hill etc. section). But whereas you can get a $ 25 and up fine from the Streets Department when they don't like your landscaping, nobody seems interested to enforce anything that significantly affects taxpayers' quality of life. Animal Control said that "barking dogs are a VERY low priority...". I have an appointment with the community relations officer at the 14th District tomorrow - I'll report afterwards.
You have my full sympathy! The enforcement, however, of an ordinance that is very clear and on the books, should not require a court case. Maybe we just need to remind our political representatives in the city that we are not asking for anything esoteric?
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