Legal Question in Real Estate Law in California
Nuisance Dog Feces Smell
Neighbor behind my house has 3 dogs and there feces smell has never been a problem (7+ years). Now he has completely fenced off his grass backyard so the dogs are forced to crap up against our fence. My pool and jacuzzi are directly on the other side (10-15 feet away) and down wind and it creates a horrible smell in my backyard. Can I sue for nuisance and have his fence surrounding the grass removed? I tried talking to them and they told me they would clean up every 3-4 days whether I like it or not. Tried animal control and they gave them a warning but said there was not much they could do. Any other ideas to get them to have the dogs do their business so it doesn't effect me?
1 Answer from Attorneys
Re: Nuisance Dog Feces Smell
You can sue for nuisance, but it will be very expensive, unless you go to small claims court. In small claims court you cannot be represented by counsel, but you could pay an attorney to review yor claim and/or advise you what to put in your claim. If you go to small claims court, you are limited to $7500 recovery, if the judge agrees with you. The other side then has 30 days to appeal the decision, and could win on the appeal.
A better idea might be to call the County Department of Public health and see if they will come out and cite him. If you keep doing this, it may cost him enough money that he will change his behavior.
A final alternative might be for you to install a fan close to the area and blow the smell back into your neighbor's yard. Perhaps if he is forced to smell what you now smell every day, he will clean up his act, or move the spot where the dogs now use to another area in his yard.
Good luck. Let me know if you need any advice before going to small claims court, if you choose to go that route.
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