Legal Question in Real Estate Law in California

Building code/Zoning

My neighbor built some swimming pool equipment sided to my house; about 1.5 feet from the property line.

The zoning requires 2 feet setback. When I asked building department about that, their explanation is that the water pump is 2 feet from the property line and the piping is 1.5 feet. However, the piping does not generate any noise. So, it does not consider as swimming pool equipment.

I am really confused. Those pipes are connected directly from the swimming pool pump & heater.

Also, it does make noise when a large amount of water running through it in high speed. I can see the pipes are vibrating and make noise.

Is the building department telling me the truth?

Or they lied to cover their mistakes.

The reason that I asked because the swimming pool pump made very loud noise that exceeds the city noise ordinance level. Unfortunately, the code enforcement department does not interest to enforce it.

If the swimming equipment indeed violated the zoning, I will request my neighbor to push it back by half feet.

Can someone tell me that the building department told me is true or not?

Thanks!


Asked on 11/08/08, 3:54 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Building code/Zoning

First, you need to read the exact language in the zoning code. Equipment may be defined, but if not, the City may have a strong argument that the plumbing is not equipment within the meaning of the code. Irrespective, the question is will moving them 6" make enough of a difference in the sound levels to make this worth the antagonism you will create with your neighbor? How do you know that the plumbing equipment exceeds the City's noise ordinance - have you checked it with a db meter? I guess I'd suggest that you review the city code in detail, and if you feel that you are being wronged, perhaps contact a local attorney to review your options.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/10/08, 12:17 pm


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