Neighbor issue: WWYD (and do we have any legal recourse?)

[aimeedyan]

We back up to a house that has some questionable occupants... it's a revolving door of people, cars, activity, dogs, etc. They have an assortment of 4 wheelers and dirt bikes that they race up and down the neighborhood streets, blowing through all the stop signs, but thanks to NextDoor, I know that people call the police regularly about that.

Their newest adventure has been to ride the bikes/4 wheelers in circles around their backyard. Our neighborhood has split-rail fencing so their backyard is in full view. Two weekends ago, they had 8 different vehicles racing at the same time - and their yard is quite small. Because they killed all their grass, the dust they were kicking up sent us inside.... then inside, we couldn't carry on a conversation in our house without shouting because of how loud it was.

I called the non-emergency line (from my closet because that was the only way I could hear!) to ask about zoning for motorbikes, etc. They said that if it's in their backyard, it's legal. Only time they'll send a car out is if it's later at night and is a noise issue.

That same day, the police were back out due to a call about the racing bikes on the road and we happened to drive past while neighbors were talking with the officers. We stopped, showed the police the video, and the officer told us he knows we are frustrated but unfortunately there is nothing they can do.

I really don't care what people do in their yard as long as it doesn't negatively affect those around you. Y'all. These bikes are SO LOUD. Our neighborhood is quiet, safe, and lovely, especially in the spring, but we haven't been able to use our backyard at all due to the noise/dust. In addition, we may be relocating soon and I can't imagine someone wanting to buy our home if they saw that going on.

All of our neighbors are at a loss, too, and frustrated. It seems insane that one family can affect so many. This is one of the only times I wish we had an HOA

(the house is a rental - it's owned by a relative of theirs that lives out of state)

WWYD? Can we do anything from a civil level - maybe contacting someone with the city? Or legally? We have a neighborhood meeting in a couple of weeks and I plan to raise the issue there (if someone else doesn't) but I'd love to have some ideas.

[laurensmomma]

I don't have any advice, but that sounds miserable. I'm sorry.

[littlemisssunshine]

Unfortunately I'm not sure that there is anything you can do.  Hope they move really soon? Could you contact the owner and let them know his tenants have destroyed his lawn? Anyway code enforcement could be involved? I'm not sure how, but worth a call maybe?

[chickadee77]

I know I don't go here, but the fact that it's a rental - have you tried contacting the owners? Depending on your state/local laws, anything that happens on the property could potentially fall on their heads, not the renters'. We have a rental home kitty-corner from us where all sorts of shenanigans happen, and the only luck we've had was with contacting the owners (this was a loose animal issue, but still - racing dirt bikes/4 wheelers on property could be a huge liability for the owners, too, I think? If not, it might certainly detract from their property value what with killing the lawn, etc.) If they get enough complaints, and are halfway decent landlords, they might do something about it.

[MeMyselfandI]

Depending on where you live, there could be local or state dust ordinances. I worked for our local EPA years ago and we had to deal with dust complaints all the time. I've fined many people for nuisance dust. Your local health department may be able to deal with it if you don't have a local environmental agency. My city also has a noise ordinance, either we or the police could issue citations for noise. We even had a decibel meter.

[imojoebunny]

Google municode and your town/county. Serch for noise ordinances or vehicle operation or nusance. Our town has a bunch of ordinances that you may not think of that could apply. My previous neighbors and I won against a former neighbor by using municode for their illegal actions around noise and illegal construction. You can also try contacting your city counsil, commissioner, code enforcement/compliance, and ask them, if they have any ideas for relief. The police were no help in our case for a variety of reasons.

Hopefully, they will get bored riding in small circles very quickly. You can sue based on nusance dotrine, too, hard to say if it would be worth doing that.

[thatgirl2478]

So, most noise ordinances have hours on them - usually after 10pm. I would maybe see if you can figure out who the landlord is (if you can look up property tax information, you can frequently see the mailing address where the property tax bills go) and let them know what's going on. I know as a former landlord, there was a 'neighborhood nuisance' clause in my contract that said essentially that causing a nuisance to neighbors was grounds for eviction. I would have been thrilled to know that they were annoying my former neighbors (since they were awesome and my tenants NOT).

[konapoppy]

I would also try to connect with the owners (I had to do this with a neighbor when their relatives renting their house wouldn't respond to my concerns about their palm trees). Sorry, having shitty neighbors sucks.

[Deleted]

Apr 17, 2017 19:14:16 GMT -5 aimeedyan said:

That same day, the police were back out due to a call about the racing bikes on the road and we happened to drive past while neighbors were talking with the officers. We stopped, showed the police the video, and the officer told us he knows we are frustrated but unfortunately there is nothing they can do.

I would keep calling the police.  Maybe riding bikes in their own yard is legal but noise so loud you can't even have a conversation is nuisance.  And dust in your yard is a trespass.  Keep making complaints and if that doesn't work I'd have a lawyer draft a Cease and Desist letter.

[aimeedyan]

I wasn't sure how to track down the homeowner but I didn't even think about property tax info! I'll see if I can hunt that down - maybe some of my neighbors would like to join me in making contacting the owner if I can find it (maybe strength in numbers?).

I'll also check into city ordinances and such.

Thanks!

[konapoppy]

Apr 17, 2017 21:03:18 GMT -5 aimeedyan said:

I wasn't sure how to track down the homeowner but I didn't even think about property tax info! I'll see if I can hunt that down - maybe some of my neighbors would like to join me in making contacting the owner if I can find it (maybe strength in numbers?).

I'll also check into city ordinances and such.

Thanks!

I think I found it through property tax info. Hopefully they don't have a generic name.

Also, if there is any potential liability on their end (like running over your fence or getting into an accident on the street) I would put that in the letter. You might also consider reaching out to your insurance agent to see if they have any concerns. In my experience, potenial liability can be a big motivator for owners.

[mrs.jacinthe]

I'd talk to a lawyer. At least where I live, that's considered a "private nuisance"; they're staying on their own property, but they're significantly affecting your ability to enjoy your own property and your expected rights to peace and quiet.

**NOT a lawyer**

[4speedy]

Try calling the DNR about the noise. I have no idea if that will work but it is worth a try.

Quick story. My DH took my nephew (15 yo) out to a field near my mom's to ride his dirt bike, (in an area with legally posted riding trails.). My nephews bike was way too loud and DH gave him instructions on what kind of muffler to install to quiet it down. I was with them, driving the support vehicle with all the gear. On the way home, DH was far ahead of nephew, out of view. I was driving behind nephew to watch him get home. A DNR truck pulled up and said neighbors had called about the noise level and I was issued a ticket because I was the adult responsible for the noisy kid.

In Michigan, we have a noise ordinance. This is our law

Michigan Laws. NATURAL RESOURCES AND ENVIRONMENTAL ..... noise emission shall not exceed 86 Db( A) or 82 Db(A) on a vehicle manufactured after January 1, 1986, when the vehicle is under full throttle, ...

The DNR has the same ticketing authority as the police when it comes to quads and off road vehicles. You may not realize you have a local DNR office but even the most urban areas usually have one that covers a large region.

The police may not care that you are bothered by the noise but the DNR will care if the squirrels and birds are bothered.  

[princesscal]

I agree the only recourse you probably have is for a noise ordinance violation. Check to see what the hours and decibel level are for your area. I think there is an app you can download to get a rough measure of the decibel level. I have a feeling it may take a bit of work on your end and probably not much action. I'm sorry.

[jeaniebueller]

Could it be deemed a public nuisance? Maybe talk to your local DA and see if he or she has any ideas.

[sadlebred]

The police may not be able to do anything. Call your city or county's code enforcement. There may be a statue that they are violating--probably a noise statue. At least where I live it's code enforcement not the police that deal with these types of complaints. Do they have any "cars on blocks" or "junk" in the yard? Code enforcement may be able to get them for that, too.

[Deleted]

Google your local code enforcement office. (city name + code enforcement) Code Enforcement officers are not police offices but work for the local municipality. Unless you live in an unincorporated area, they will be able to come out an access the situation and see if any number of local ordinances regarding noise, dust, etc.. are being broken. They can issue citations, fines, etc.. PM me if you need helpf finding the local number.

[Velvetshady]

Apr 17, 2017 21:02:56 GMT -5 @notquiteblushing said:

Apr 17, 2017 19:14:16 GMT -5 aimeedyan said:

That same day, the police were back out due to a call about the racing bikes on the road and we happened to drive past while neighbors were talking with the officers. We stopped, showed the police the video, and the officer told us he knows we are frustrated but unfortunately there is nothing they can do.

And dust in your yard is a trespass. 

What the what?

[MeMyselfandI]

Apr 18, 2017 13:03:32 GMT -5 Velvetshady said:

Apr 17, 2017 21:02:56 GMT -5 @notquiteblushing said:

And dust in your yard is a trespass. 

What the what?

She's not wrong. Most environmental rules are written where dust is not allowed to cross your property line. I've had to have many businesses water their lots on windy days.

[Velvetshady]

Apr 18, 2017 13:50:09 GMT -5 MeMyselfandI said:

Apr 18, 2017 13:03:32 GMT -5 Velvetshady said:

What the what?

She's not wrong. Most environmental rules are written where dust is not allowed to cross your property line. I've had to have many businesses water their lots on windy days.

I can see it when it's a commercial entity creating the dust but a private residence? Could we have sued our neighbors for trespass because the dust from their side of the dirt road blew into our property? That just surprises me (and I glad we didn't get sued over the dust on our side of the dirt road).

[zelda25]

Apr 18, 2017 16:33:22 GMT -5 Velvetshady said:

Apr 18, 2017 13:50:09 GMT -5 MeMyselfandI said:

She's not wrong. Most environmental rules are written where dust is not allowed to cross your property line. I've had to have many businesses water their lots on windy days.

I can see it when it's a commercial entity creating the dust but a private residence? Could we have sued our neighbors for trespass because the dust from their side of the dirt road blew into our property? That just surprises me (and I glad we didn't get sued over the dust on our side of the dirt road).

I think there's a pretty big difference between normal dust blowing around vs. what's happening to OP, with a bunch of motorbikes swirling around a tiny patch of yard, kicking up huge amounts of dust.

[cuadrado]

I'd start contacting the landlord when they caused a disturbance