What proof is needed to win a nuisance suite against a noisy neighbor?

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What proof is needed to win a nuisance suite against a noisy neighbor?

I have a neighbor who throws parties in his front yard. These parties usually end up with he and his friends getting drunk, fighting (verbally) and yelling obscenities at each other and anyone who tries to ask them to quiet down. Previous attempts to speak with them directly result in confrontation and threats of violence. We have an existing county (now city) ordinance but the sheriff’s office never seems to enforce it. I have small children who are subjected to this as it is so loud that it can be heard inside our house across the street. It’s loud enough to wake sleeping children. Can I sue the Sheriff for not enforcing ordinance?

Asked on January 1, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to deal with the sheriff's failure to enforce county ordinances is to have a meeting with your county supervisor about the situation that you are confronting and the sheriff's failure to enforce the noise ordinance in your community with respect to the problem that you seem to have with your neighbor.

In general to win a nuisance lawsuit against the noisy neighbor you need to prove that more likely than not the neighbor has violated county noise ordinance repeatedly and his continued violation serves no redeeming social benefit. I suggest that you consult with an attorney who practices governmental entity law to assist you concerning your situation.

From what you have written I do not see a factual basis for bringing an action against the sheriff for not enforcing the noise ordinance.


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