And the battle begins again...
Feb. 15th, 2010 10:13 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
susandennisLast year the guy who lives just below me fired up his grill out on his terrace and filled my living room with smoke and stink - multiple times. I asked him to stop. He didn't. I asked him to stop, please. He didn't. I asked his landlord (he rents from the owner) to make him stop. He didn't. Tonight he was at it again. I sent him an email saying one more time and I was going to the board (I happen to know because of past infractions, he would not be happy about being taken before the board again.)
I also wrote to the president of the board (who also happens to be my lawyer) and asked him if I have any recourse either through the board or through the city.
Meanwhile I got an email reply from the Harold The Offender who said that he is willing to compromise, why aren't I???
His idea of compromise is that he will try to keep the smoke from coming in here. He's tried before. It does not work.
I replied that I was not clear on why I needed to compromise. He has an oven in his kitchen. The city is full of parks where he can grill whatever he wants whenever he wants and not bother anybody.
If I played my music so loudly that it annoyed him, I would not suggest he wear earplugs.
The reality is that there may well be nothing I can do. There may be no condo rule against it and no city ordinance either. If that's the case, I'll give up and take solice in the fact that at least he does not own the place and will move in a year or two.
I also wrote to the president of the board (who also happens to be my lawyer) and asked him if I have any recourse either through the board or through the city.
Meanwhile I got an email reply from the Harold The Offender who said that he is willing to compromise, why aren't I???
His idea of compromise is that he will try to keep the smoke from coming in here. He's tried before. It does not work.
I replied that I was not clear on why I needed to compromise. He has an oven in his kitchen. The city is full of parks where he can grill whatever he wants whenever he wants and not bother anybody.
If I played my music so loudly that it annoyed him, I would not suggest he wear earplugs.
The reality is that there may well be nothing I can do. There may be no condo rule against it and no city ordinance either. If that's the case, I'll give up and take solice in the fact that at least he does not own the place and will move in a year or two.
(no subject)
Date: 2010-02-16 06:26 am (UTC)(no subject)
Date: 2010-02-16 06:37 am (UTC)I just got emails from him and the guy who owns the unit telling me to stop sending them emails about it. So I will. Hopefully the lawyer can find some way to hassle them.
(no subject)
Date: 2010-02-16 06:55 am (UTC)If that's the case, they're right...don't email them any more. Next time it happens, call the fire department and tell them you smell smoke and you have the windows closed.
(no subject)
Date: 2010-02-16 07:03 am (UTC)(no subject)
Date: 2010-02-16 09:43 am (UTC)(no subject)
Date: 2010-02-16 06:57 am (UTC)(no subject)
Date: 2010-02-16 07:01 am (UTC)(no subject)
I agree that if they are telling you to stop e-mailing them, it's time to listen to them and call someone else to deal with the situation. It's worth asking your lawyer whether it's reasonable to call the fire department next time, keeping in mind that if the neighbour legitimately isn't breaking the law, just annoying you, you could end up in trouble for false reporting. If you then do end up calling the fire department, find call their dispatch number instead of 911.
(no subject)
Date: 2010-02-16 07:16 am (UTC)http://www.seattlepi.com/local/176386_barbecues04.html
http://www.msnbc.msn.com/id/5270202/
(no subject)
Date: 2010-02-16 07:20 am (UTC)Thank you!
(no subject)
Date: 2010-02-16 07:21 am (UTC)Too much "heat".
(no subject)
Date: 2010-02-16 07:23 am (UTC)(no subject)
Date: 2010-02-16 07:56 am (UTC)(no subject)
Date: 2010-02-16 07:19 am (UTC)NONONONONO. NO. Stopping altogether and apologizing entirely is the way to go is the fan doesn't work.
A few thoughts
Date: 2010-02-16 08:46 am (UTC)http://www.awaionline.com/2009/04/copywriter-slays-fire-breathing-dragon/
How Seattle defines a "public nuisance" (this is a bit more of a stretch, but you never know until you try):
http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe?s1=&s2=nuisance&S3=&Sect4=AND&l=20&Sect3=PLURON&Sect5=CODE1&d=CODE&p=1&u=%2F%7Epublic%2Fcode1.htm&r=17&Sect6=HITOFF&f=G
Last one - (don't think this is a stretch) - the interesting bit is towards the end:
http://en.wikipedia.org/wiki/Trespass_to_land
Specifically, "Some cases also provide remedies for trespass not amounting to personal presence, as where an object is intentionally deposited, or farm animals are permitted to wander upon the land of another. Furthermore, if a new use of nearby land interferes with a land owner's quiet enjoyment of his rights, there may be an action for nuisance, as where a disagreeable aroma or noise from A drifts across the land of B."
A lawyer should have no difficulty whatsoever with writing a nicely menacing note on this, especially given that last bit. You have kept all your email exchanges with the lot of them, right? Have fun! :-)
(no subject)
Date: 2010-02-16 11:31 am (UTC)(no subject)
Date: 2010-02-16 02:08 pm (UTC).
I just looked at my own building's rules and regulations online and found this: Only gas or electric grills may be used on terraces or decks. Is that at all different from what your neighbor is using? I have no idea, as I don't know anything about different types of grills. In any event, the building I live in does explicitly state what's acceptable; it seems strange that yours wouldn't.
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(no subject)
Date: 2010-02-16 04:09 pm (UTC)(no subject)
Date: 2010-02-16 06:47 pm (UTC)(no subject)
Date: 2010-02-16 08:44 pm (UTC)