Lake Charles, LA (KPLC) – Legal Corner responses audiences’ civil legal concerns.
You can send your legal concerns to the Southwest Louisiana Law Center by e-mailing us at [email protected]. Civil matters just please.
CONCERN: We live 5 miles out of the city limitations in Union Parish in a neighborhood. Practically in my yard is the next-door neighbor’s fence where his exceptionally loud, continuously barking german shepherd stays. He does not appear to breathe to stop barking.
My hubby has actually spoken with the next-door neighbor about his dog, and I have actually called the constable’s workplace numerous times. This has actually been going on for 7 months. Some days it begins at 7 a.m. and does not stop up until 9 or 10 p.m. when the next-door neighbors take the dog inside. What can I do?
RESPONSE: For homeowners in the Lake Location, the very first thing you need to perform in a circumstance like this is to contact your city’s code of regulations. There need to be arrangements that attend to annoyances and the reduction of annoyances. The plaintiff must have the alternative to submit fit under those regulations.
Because the complainant lives in Union Parish, it appears the Union Parish Authorities Jury’s Code of Ordinances will use. And because parish, barking is thought about an annoyance.
Sec. 24-1. – Illustrative enumeration.
The preserving, utilizing, positioning, transferring, leaving or allowing to be or stay on any public or personal property of any of the following products, conditions or actions are thus stated to be and make up an annoyance; supplied, nevertheless, this enumeration will not be considered or interpreted to be definitive, restricting or limiting:
( 5) All unneeded or unapproved sounds and bothersome vibrations, consisting of animal sounds.
Sec. 24-2. – Restricted.
It will be illegal for anyone to trigger, allow, preserve or permit the production or upkeep of an annoyance.
SEC. 24-3. – Notification to ease off.
Whenever an annoyance is discovered to exist, the properly designated officer of the parish will provide 5 days’ composed notification to the owner or resident of the home upon which such problem exists or upon the individual triggering or preserving the problem.
Sec. 24-4. – Contents of notification.
The notification to ease off an annoyance provided under the arrangements of this chapter will include:
( 1) An order to ease off the problem or to ask for a hearing within a specified time, which will be affordable under the situations.
( 2) The area of the problem, if the exact same is fixed.
( 3) A description of what makes up the problem.
( 4) A declaration of acts required to ease off the problem.
( 5) A declaration that, if the problem is not eased off as directed and no ask for hearing is made within the proposed time, the parish will ease off such problem and evaluate the expense thereof versus such individual.
Sec. 24-5. – Service of notification.
The notification to ease off an annoyance will be acted as any other legal procedure might be served pursuant to law.
Sec. 24-6. – Reduction by parish.
Upon the failure of the individual upon whom see to ease off an annoyance was served pursuant to the arrangements of this chapter to ease off the exact same, the properly designated officer of the parish will continue to ease off such problem and will prepare a declaration of expenses sustained in the reduction thereof.
Sec. 24-7. – Parish’s expenses stated lien.
Any and all expenses sustained by the parish in the reduction of an annoyance under the arrangements of this chapter will make up a lien versus the home upon which such problem existed, which lien will be submitted, shown and gathered as attended to by law. Such lien will be notification to all individuals from the time of its recording, and will bear interest at the legal rate afterwards up until pleased.
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