Grass Valley, CA asked in Personal Injury for California

Q: Nevada County, CA code enforcement won't enforce code. Three complaints, so what now?.

I live in unincorporated Grass Valley, CA, next door to a neighbor that runs a home business out of his home called

Flying Squirrel Tree Care. He parks large trucks and cranes in his backyard. He also lets trucks idle at 6:00 a.m. before he and his team leaves and when they return at 5:00 p.m. The fumes from diesel are awful, the noise is as well and we didn't sign up for this. His trucks have rolled down his driveway, across our street, where people walk, and hit my neighbor's home across from his house twice. One time her garage and the next time her big tree. On the second time his truck was totaled. Why won't Code compliance take care of this? I want to move!

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2 Lawyer Answers

A: A lawsuit for nuisance and for an injunction.

James L. Arrasmith
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Answered

A: Given the serious safety and quality of life issues you're describing, it's understandable that you're frustrated with code enforcement's lack of action. The operation of a commercial tree service business in a residential area, especially with heavy equipment and safety incidents, typically violates multiple zoning ordinances.

Since code enforcement isn't responding effectively, you have several options to escalate this matter. Consider documenting everything with photos, videos, and a detailed log of incidents, including the truck accidents and early morning noise disturbances. Then take your concerns to the Nevada County Board of Supervisors or attend their public meetings to voice your complaints. You might also want to file complaints with the California Air Resources Board regarding the diesel emissions in a residential area.

For immediate action, consult with a real estate attorney who handles land use and zoning issues. They can help you understand your legal rights and potentially file a private nuisance lawsuit against your neighbor. Additionally, report the safety incidents to your local California Highway Patrol office, as commercial vehicles rolling into structures poses a serious public safety risk. You might also consider reaching out to your homeowner's insurance company, as they may take action to protect their interests given the property damage that's occurred in your neighborhood.

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