Neighbor disputes, Part 3; High grass, junk, vacant homes, and cleaning up after dogs.

Home ownership is usually one of the best experiences you can have – and a great long-term investment. But while you can choose which house to buy, you can’t choose your neighbors. Sometimes we get lucky and have wonderful neighbors we become friends with; other times we don’t strike up a friendship but maintain civility, and then…there are bad neighbors.

What can you do when your neighbor is making your life difficult? Usually with good communication, common sense, and putting egos aside, you can reach some agreement to live and let live, but in those rare cases that your neighbors are turning your home ownership dream into a nightmare, it’s good to know your rights and the local laws.

Today, we’ll cover neighbors who pave over their front yard for parking,

high grass, vacant homes, junk, big boats or RV’s, and not cleaning up after their dogs.

While civil codes differ slightly depending on your city and municipality, these are generally accepted neighbor ordinances in and around Sacramento.  

Paving their front yard for parking.

It’s a terrible eyesore when your neighbor rips out their front yard and lays down pavement instead, turning it into a parking lot. It definitely alters the consistency of the neighborhood, but is it legal?

In Sacramento, the total parking area in front or on the side of a residential yard is restricted to:

 1. 40% of the yard area on the front or side yard meeting the street.

 2. It’s ok to pave any area leading directly to the carport or enclosed garage;

 3. But in total, you cannot pave more than 400 square feet of your front or street-side yard.

Vacant homes.

Some times, no neighbor is worse than an unruly neighbor who is at least occupying the property next door. If a home is owned by an investor or family member but not currently occupied, it opens the door for serious issues; squatters and vagrants, fire or water damage, roaches, rodents, unkempt lawns, etc. 

While it’s not a violation of any County Code to let your home sit vacant, you still are responsible for maintaining its condition and safety. So if you see a neighbor’s vacant home and suspect illegal activity, unauthorized people breaking in, etc., contact the Sheriff’s Department and they will come make sure the home is properly secured. 

Additionally, it’s usually easy to find the owner of a home through tax records, etc. (we can help you.) Write them a letter alerting them to the problem – like the presence of roaches or rats that are coming from their property or high grass – and ask the problem be addressed immediately. Keep it nice and polite and offer to meet them at the property to talk about the issue with them. But document everything with photos and copies of letters, emails, calls to the Sheriff, etc. If it becomes a serious long-term problem that costs you time, money, jeopardizes your safety, or decreases your home’s value, you may have a case to recover damages.

High grass.

You can mow, trim, and weed until your front yard looks like Tiger Wood’s putting green, but if you neighbor lets their grass grow long and unkempt, it feels like wasted effort. So what are the rules for neighbors who neglect their lawns?

Sacramento has a specific city ordinance on front yard landscaping (including visible side yards.)  Generally, it’s a violation of this code in the grass or weeds reaches higher than 12 inches. Not only is this unsightly, but can be a serious fire hazard considering California’s draught and our long hot summers. The Code Enforcement Division issues citations to property owners who have high weeds or grass on a vacant lot or a lot with a structure. 

An interesting note – in 2007, Sacramento changed their residential landscaping ordinance to allow the growing of fruits and vegetables in a front yard, welcoming the change from water-wasting lawns to useful community and residential front-yard gardens.

Junk.

Although we all enjoy the morning vista of a ripped soggy coach, a dilapidated old refrigerator, a crusty fish tank, tired, and piles of trash in our neighbor’s yard, keeping excessive refuse in your yard is against the law. It’s a violation of the zoning code to have junk and rubbish on the property. Our neighbors may try to impede our view of their junkyard masterpieces by hiding it behind a fence, under a tarp, or within a screened-in porch, but if it’s visible to the public, it still constitutes a public nuisance and can result in the case being taken to a Nuisance Hearing.

What is junk? Anything that is broken, not normally used or stored outdoors is dismantled, worn out, or being stored for conversion, recycling, or salvage is junk.

Big boats and RV’s.

If you’re a boat or RV owner, the good news is that it is legal to park your vehicle on your residential property. If you’re the neighbor of that person, the bad news is that it’s legal for them to park their boat or RV on their property. However, any vehicles need to be operational and have current registration, and it’s always illegal for someone to live in it. While a yacht or monstrous RV are eye sores, they are not illegal unless they cross your property line, threaten your safety (like being in danger of falling over or hit tree limbs,) they can’t harm the environment (like if they leak oil,) or otherwise inhibit the use and enjoyment of your property.

My suggestion is, if you have a neighbor with a boat or RV, bring them over a bottle of wine and become good friends so they’ll invite you to use them! (If you can’t beat ‘em, join ‘em.)

Cleaning up after your dog.

We love pets, but unfortunately, too many owners neglect their duty to clean up after their dogs.  But carrying a bag and a pooper scooper isn’t just good etiquette – it’s actually the law. Under Municipal Code Section 6.16.220, dog owners are required to clean up after their dogs. If a neighbor’s dog makes too many deposits on your lawn without the owner making the appropriate withdrawals, or if their own property is so inundated with waste that it becomes a health and safety hazard (or just plain disgusting,) you can contact the City's Animal Care and Control Division. Remember to take photos of the offending mutt if you want to prove it’s the neighbor’s dog making the mess.

Common neighbor disputes, part 1; Noise, pets, and water.

Robert Frost, the great American poet once said, “Good fences make good neighbors.”  While it probably wasn’t the most elegant thing he penned, it could be the most accurate.  Yes, we’ve all had run-ins with neighbors, those strangers who become an important part of our lives just because of their proximity.  The rule goes that if a neighbor is good, you probably won’t even notice them, but if they’re bad…they can make your life flat-out miserable.  

Whether you live in a house with a spacious yard, are stuffed close in a McMansion, or have neighbors above and below you in a condo or apartment, we’ve all had issues: loud parties on Tuesday nights, dogs who like digging up our grass, neon yellow paint colors, pink flamingos in their front yard, and not paying their fair share for that dreaded instigator of neighborly conflict –the shared fence.  

You could get mad, you could scream at them, you can even send your dog to their lawn and paint your house in pink and purple polka dots out of spite, but there may be a better way to handle challenging neighbors.  Good communication and a level head are your best allies, but knowing some of the laws and regulations also prove invaluable.  So here are a few guidelines on 3 of the most common challenges among neighbors: noisy neighbors, pet complaints, and flooding and water issues. 

Noisy neighbors.

Neighbors who are excessively loud are one of the most difficult blights to deal with because how-loud-is-too-loud is such a subjective thing that’s hard to measure.  Additionally, a backyard party on a Saturday night that goes until midnight may not offend most people, but an older or crabby neighbor might call the police.  (And the police have to come if a complaint is made, regardless of who is right or wrong.)

Condos and apartments are even more difficult with noise complaints because you usually have 3 or even 4 neighbors above and below you.  Condos usually have association rules and apartments have policies that look to minimize noise complaints.  Any grievances can be directed to the condo association or apartment management.

For homeowners, most municipal codes have some sort of clause that lays out what constitutes a noise problem.  For instance, it may define it as, “an unreasonable annoyance, disturbance or offensive activity that unreasonably inhibits another neighbor from using their property.”

There are a few things you can do: to take the subjectivity out of it, you could take an acoustical test that measures exactly who loud the neighbor is on the decibel meter.  Documenting that is a good start in case a civil action or complaint ensues. 

Before it gets to that, try to talk to the neighbor.  Ask them politely if they could give you notice when they’ll have a gathering or event where the volume will be up, are doing early construction, etc.  Ask for a pre-arranged beginning and end time to the noise.  Hopefully, they will respect you communicating and respond.  It’s a lot better than calling the police every time things get loud.  

Other common noise complaints are over noise that is “habitual or mechanical in nature,” like a loud bar down the street or a machine shop.  Usually the City’s Code Enforcement Department is the place to contact to monitor the noise from businesses.

Here is the Sacramento Police Department’s website page that deals with noise complaints: 

http://www.sacpd.org/faq/nuisance/

Pet complaints.

You may have a crazy cat lady living next door who lets them infest the neighborhood, or a neighbor who has roosters who come alive at 3 am, but usually pet issues revolve around dogs.  There are three kinds of issues with dogs: excessive barking, relieving themselves on your lawn (the dogs – not the neighbors,) and dangerous dogs not properly leashed or fenced.

If a dog barks excessively – which usually happens when they leave a dog unattended in the yard – it falls under some of the same standards as noise complaints.  

Leash laws are laid out in most municipalities, requiring dogs to be properly leashed or behind locking fences for public protection.  If a dog is not, your city or municipality will take it very seriously because it’s a huge liability if the dog attacks someone.  Condos or apartments or homes with a Homeowners Association will have additional regulations that may get as specific as weight, size, and type of pet.  

Dogs relieving themselves on their lawn also fall under the verbiage of municipal leash laws.  Generally, pet owners have a civic responsibility to clean up after their pet.  

All animal and dog complaints are handled by the City's Animal Care and Control Division, so give them a call before you contact the police.  Here is Sacramento County’s web page on animal control and complaints:

http://www.animalcare.saccounty.net/AnimalIssues/Pages/BarkingDog.aspx

Flooding and water issues.

Noise and pets may be incessantly annoying, but nothing can harm your property as quickly as water damage.  Usually this occurs in apartments or condominiums where the upstairs neighbor has a pipe burst, bathroom leak, or appliance like washing machine, icemaker on a fridge, or dishwasher malfunction.  When that happens, there is very clear accountability who is responsible (the neighbor) and who has to fix it (the condo association or apartment manager.)  In California, the law always falls on the side of tenant rights so it’s a simple process to make complaints and force them to make it right.   

But water problems also occur between side-by-side neighbors.  This is often from faulty irrigation or bad sprinklers that cause flooding, kill neighbor landscaping, or even reach the house and cause property damage.  

Of course you should document any water damage with photos/videos/and a log, and report to the proper municipal complaint agency or association.  But with water damage, another very important issue could rear its ugly head: mold.

Water damage over time causes mold, which causes serious health concerns that lead to hospitalization or even death in extreme cases.  There’s a whole line of litigation that deals with mold but be aware that a landlord or condo association is responsible for remediation if mold exists, which includes replacing damaged sheetrock or other materials and proper city inspection.   If you are having respiratory or health problems that you think are coming from mold (especially if you have children) then you can buy homeowner mold testing kits and from there, contact mold inspection and remediation companies. 

Here is the Environmental Protection Agency’s web page on mold issues: 

http://www.epa.gov/mold/moldresources.html

***

Look for our next post in this serious, when we tackle neighbor parking issues, trees, and fences!

15 Charming house warming traditions.

1. The term “house warming,” originates from the actual act of warming the home.  Going back centuries, long before central heat, neighbors and friends would celebrate a new home by bringing firewood over as a gift.  They’d try to fill up every fireplace and light them, heating the new home as a literal and symbolic gesture of warmth.

2. But the lighting of fires and warming of the house also had another practical use, as it was widely believed that it expelled any evil spirits that might be residing in the home.  It was commonly believed that homes that sat vacant were considered occupied by “spirits” over time that needed to be exorcised before it was safe for children to live there.

3. In aristocratic England in the 1800’s, King Edward III mandated that housewarming parties were to be restricted to ‘certain ranks,’ or wealthy people.  For those who qualified they were elaborate affairs, sometimes with 10,000 guests attending a house warming party!

4. A traditional housewarming gift consists of bread, salt, and wine, still popular at some churches in Northwest Florida.  Bread is so the house will never know hunger, salt so life will always have flavor, and wine so joy and prosperity may be enjoyed forever.  

5. In French, the housewarming party is called a pendaison de crémaillère, or "hanging of the chimney hook,” a term that dates back to medieval times.

6. When the house was done being built, the new owners invited everyone who helped with construction to dinner as thanks.  The food was made in a large pot hung over the fire.  They regulated the temperature by adjusting the chimney hook up or down.  So the tradition became that the hook was the last thing added to the house for good luck, and a celebration of those who helped.  

7. The tradition of potluck and universal meals from friends and neighbors stems from this tradition of a large pot of food hanging from the chimney hook.

8. In ancient Germany, oak trees were considered the “trees of heaven,” and so Ancient Norseman deemed acorns the symbol of protection.  They placed acorns on windowsills to ward off evil spirits and bless the house with safety, a tradition that’s translated into acorn-themed housewarming presents. 

9. Offering pineapple as a housewarming gift goes back to the time of Christopher Columbus, when he came upon the Caribbean island of Gaudalupe.  The island was rich with pineapples so Columbus and his crew started taking some with them on return trips to Europe, so they became a symbol of hospitality, safe return, and a welcome gift.  

10. In some countries, bluebirds are given as a gift as they’re believed to bless the new home with happiness and good luck.  Still to this day, people sometimes give bluebird-themed gifts, like china or wall hangings, as gifts.

11. Germans celebrate a house warming with characteristic practicality, bringing gift certificates as presents and also a homemade dish for the first meal, and of course something to wash it down with.

12. In Thailand, Buddhist monks come perform rituals at the house alongside family and friends for good luck and blessings.

13. In India, the house warming ceremony is called “Gruha Pravesh,” or “Gruha Pravesham,” which translates to “Entering New House.”  In some predominantly Hindu areas, a sacred cow is the first to enter the new home.

14. “Burden baskets,” are a tradition that originated with the Apache Indians.  They placed these baskets at the front door to capture the worries and stress of daily life, or to symbolically leave their burdens at the door.  Baskets that were woven together also symbolized community, family, and wholeness.  

15. In Scotland, a frog is seen as an omen of good luck and fertility, so a frog (or wooden or ceramic likeness) is often given as a housewarming gift.