Legal Question in Real Estate Law in California

I have a tri-plex next to a commercial building, commercial zone, Incorporated City of Los Angeles County. They stack wood pallets 3'+ above top of fence and I fear pallets will fall over to my property, which has happened, and hurt someone. I know commercial neighbor has violated many codes but not been penalized. They built driveway 4' above grade, store TONS of cooking oil, which broke-down my wall two times. I paid to re-build.

Has been going on for years. Previously reported to Bldg. Inspector but nothing changed. I got sick and could not continue. Now, am better and have started reporting, again, by email with pics, many times since 12/12, to City Bldg. & Safety Head. He says he opened case (can I ask for Case#?) but nothing changes. What steps should I take now? OSHA, sue city? Am disabled, depend on rents, don't have a lot of health or money.


Asked on 7/05/13, 10:41 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You don't mention what contacts you have made, if any, with the neighbor business. I'd suggest dealing with them directly might be more effective than trying to get the City to take action. The keys to dealing with a business (probably corporate) neighbor are finding the right individual at the right time, and then expressing your views firmly, but in a polite and business-like manner. You can suggest possible legal action, but stress that you're trying to avoid suits and personal or property injury. Finally, if necessary, I believe there is a legal principle under which an action can be brought to compel correction of a feared potentially-injurious situation (other than private nuisance) but have not readily found it in my references.

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Answered on 7/05/13, 4:20 pm


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