Legal Question in Construction Law in California

Pool Pump Noise complaint

My neighbor complains that our pool pump noise is ''far out of compliance with the county noise ordinance''. He is telling us to have our pump moved to a different location or put it underground. The pool passed all inspections when it was built last year. The pump runs 5 hours per day: 7 am-noon (after he asked us to run it those times last year). Now he is asking we change the pump timer to run 1 am-6 am, which we will do immediately. We feel terrible the noise is bothering him, but we can't afford to have the pump moved. He wants to enjoy his deck which was built between our houses and goes right against our shared fence. Could that be a violation of building code? It is not attached to his house. What should we do to keep peace?


Asked on 6/24/04, 10:36 am

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Pool Pump Noise complaint

This question is, in many ways, not a question for a lawyer. Whether the neighbor's deck is built illegally depends on the local zoning laws. Frequently, these laws require that any structure be set back from the property lines a certain distance. But, would, say, a five foot setback make much of a difference with the noise?

It isn't likely, however, that noise from a pool pump would violate a county noise ordinance. They usually don't make enough noise to violate such an ordinance. Unfortunately, it appears that you have a neighbor who has decided that it is more important for him to whine than it is for him to have good and decent relations with his neighbors. I've found that it's very hard to reason with these people. At the same time, it isn't likely that you are under any duty to move the pool pump. All you can do is write a polite letter saying that you're happy to accommodate him by running the pump at times that are most beneficial to him.

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Answered on 6/24/04, 2:09 pm


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