Legal Question in Construction Law in California

Neighbor Complain Construction Noise

I live in Walnut, CA. The construction law here states I could work from 7 am to 7 pm. I am a college student on summer break so I want to build a gazebo in my backyard.

My next door neighbor complains that every summer my family does construction (we do because we try to improve our backyard). He states the noise from the construction is really bothersome and wants us to start after 10 am. I cannot accomdate this since it gets hot after 10 so I usually start around 9ish.

Today, I received a letter from him saying if I don't stop working ''so early'' he may take legal action. He states he have nervous problem from lack of sleep he is getting because of my construction in the morning. If he presses charges, does he have a case in court since I am legally able to start at 7am?

Thanks,

John


Asked on 6/06/03, 4:28 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Neighbor Complain Construction Noise

This isn't really a construction question, it's a zoning law question. But it's fairly simple to answer. The quick and dirty answer is that if he doesn't like noise, then he should move to the country. This may sound flippant, but city/suburb dwellers have to expect a certain amount of noise. At the same time, there shouldn't be an overabundance. Thus, we have laws that tell us when we can make noise and when we can't. As long as the noise you make isn't outside of reasonable construction noise, it is unlikely that your neighbor could be successful in a lawsuit against you. This doesn't mean that he can't sue you, but at least he'll have a difficult time winning.

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Answered on 6/06/03, 6:10 pm


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