After two years of searching for the perfect house to buy we found one. A nice quite neighborhood, nice neighbors (the neighbors behind us were out of town for a while – we now know).
For the first six months we literally threw back over the 6' privacy fence we installed hundreds of balls (of every make, size and color) that the kids threw / hit over.
Tired of doing this we asked them to be more careful with where their balls went and decided to stop throwing them back.
Then the father put up 15' poles with street lights attached for a hockey court - now we have hockey pucks flying over all the time in addition to all the balls.
So when the kids ran out of balls and pucks they started climbing over the fence to retrieve them. I have two huskies and don't want that chance of there being a biting incidence (even though it's ours and our dogs' yard).
So, one time I caught them in the yard I told them not to come in the yard again. And if they wanted their balls back they had to come knock on the door (mistake).
So I called the Sheriff's Dept - Civil Division and explained the situation. They told us to stop returning the balls, pucks, etc. and soon the number would be much fewer - they were right!
Anyway, in addition to that problem the lights are right on the property line and have lit up half of our back yard late into the night - not to mention the noise from being able to play till past 11pm.
We asked the father (many, many times) to re-aim the lights so they would not light up our yard at night and to keep the noise down. He said the lights were not lighting up our yard (we have pictures) and that he'd "try" to have them stop by 10pm. They're still out way past that.
Anyway, after a year and a half of dealing with this and trying to work it out, and not being able to enjoy the use of our back yard, I reported the lights to the local zoning code officer. There are zoning codes about height, setback and light trespass. They were ordered to remove the lights and poles within 30 days, the officer said they were in "gross" violation and were also cited for a number of other violations.
April 13th makes 30 days. They have fought this all the way and the lights are still up.
Now they have told other neighbors that "we are making their life a living hell" (because he's in violation of zoning codes) and they were going to do "all that they could to make our life hell".
So, three nights ago they shined two bright work lights (the kind you use on road construction at night) at our house all night and then permanently put up a bright Mercury Vapor fixture (unshielded - dusk to dawn) on the back of his rear garage. Said it was for "security" since he said "we climbed over the fence and turned on all the lights just so we could call the cops on him." The same officer (he's been out twice now) understands our problem and even though the officer doesn't believe his story, says this is a civil matter – a private nuisance.
Now the bright Mercury Vapor fixture lights up the part of our yard closer to the house and also the whole house – a bright green light thru all the second story windows – all night. His house sits in total darkness.
I'm going to report this also – just afraid he will put up a different fixture every 30 days.
Not to make this any longer – do I stand a chance of taking this to court and being able to stop this harassment/nuisance? What type of Lawyer should I look for? I have many pictures to prove the situation, don't know if the other neighbors would really be willing to be witnesses – as he intimidates them. I don't know what else I should do besides moving, and I don't want that to be an option.
Any advice would be appreciated!
For the first six months we literally threw back over the 6' privacy fence we installed hundreds of balls (of every make, size and color) that the kids threw / hit over.
Tired of doing this we asked them to be more careful with where their balls went and decided to stop throwing them back.
Then the father put up 15' poles with street lights attached for a hockey court - now we have hockey pucks flying over all the time in addition to all the balls.
So when the kids ran out of balls and pucks they started climbing over the fence to retrieve them. I have two huskies and don't want that chance of there being a biting incidence (even though it's ours and our dogs' yard).
So, one time I caught them in the yard I told them not to come in the yard again. And if they wanted their balls back they had to come knock on the door (mistake).
So I called the Sheriff's Dept - Civil Division and explained the situation. They told us to stop returning the balls, pucks, etc. and soon the number would be much fewer - they were right!
Anyway, in addition to that problem the lights are right on the property line and have lit up half of our back yard late into the night - not to mention the noise from being able to play till past 11pm.
We asked the father (many, many times) to re-aim the lights so they would not light up our yard at night and to keep the noise down. He said the lights were not lighting up our yard (we have pictures) and that he'd "try" to have them stop by 10pm. They're still out way past that.
Anyway, after a year and a half of dealing with this and trying to work it out, and not being able to enjoy the use of our back yard, I reported the lights to the local zoning code officer. There are zoning codes about height, setback and light trespass. They were ordered to remove the lights and poles within 30 days, the officer said they were in "gross" violation and were also cited for a number of other violations.
April 13th makes 30 days. They have fought this all the way and the lights are still up.
Now they have told other neighbors that "we are making their life a living hell" (because he's in violation of zoning codes) and they were going to do "all that they could to make our life hell".
So, three nights ago they shined two bright work lights (the kind you use on road construction at night) at our house all night and then permanently put up a bright Mercury Vapor fixture (unshielded - dusk to dawn) on the back of his rear garage. Said it was for "security" since he said "we climbed over the fence and turned on all the lights just so we could call the cops on him." The same officer (he's been out twice now) understands our problem and even though the officer doesn't believe his story, says this is a civil matter – a private nuisance.
Now the bright Mercury Vapor fixture lights up the part of our yard closer to the house and also the whole house – a bright green light thru all the second story windows – all night. His house sits in total darkness.
I'm going to report this also – just afraid he will put up a different fixture every 30 days.
Not to make this any longer – do I stand a chance of taking this to court and being able to stop this harassment/nuisance? What type of Lawyer should I look for? I have many pictures to prove the situation, don't know if the other neighbors would really be willing to be witnesses – as he intimidates them. I don't know what else I should do besides moving, and I don't want that to be an option.
Any advice would be appreciated!