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What steps do I take in this real estate/zoning law/noise nuisance problem in Contra Costa County, California?

Concord, CA |

The condo where I live abuts an unincorporated 46,409 sqft. lot zoned for light industrial. A shoddy wooden fence separates the residential property from the lot. Industry trucks are repaired on the lot. In addition to truck repair, there is a kickboxing company (for profit) in one of the warehouses. Classes blast very loud music, shout, and yell, beginning at 5 a.m. and ending after 8:30 p.m. disturbing my work greatly and my health has been affected. I asked the HOA to do something. The response was they won't. I asked the sheriff. The deputy said rudely it wasn't against the law to blast music and that I should move if I don't like it. (He also said to go over there myself.) I've demanded of the kickboxers to turn it down many times. The volume hasn't budged. Willfull. What do I do now?

Attorney Answers 3


  1. You need to consult with a real estate attorney. You also need to determine if the site where your condo is located is zoned for residential or for mixed use. You also want to identify the owner of the adjoining property which is the source of the irritating noises. You are also going to want to find out for certain if the noise ordinance applies to your property and the adjoining property and its range of somewhat noisy uses.

    An attorney should be able to assist you in working out a game plan to get some sort of public action to get the owners of the kickboxing company to at least comply with the morning limits o the noise ordinance rules. You may want to consider taking this issue to mediation.

    Good luck with this.

    This is not a substitute for a consultation with a housing law or real estate and land use counsel in your community.


  2. There might not be anything you can do. Check the zoning. Perhaps the businesses are not allowed on that property. You can ask your neighbors to be a little more considerate, but you want to be careful that you don't put yourself in danger. Contact the property owner and see if he might be willing to help. Since the police won't help, you may need to hire an attorney and try and get some kind of injunction.


  3. If your Home Owner Association and the County Sheriff has no interest, then your only alternative is to ask yourself. The first thing to see is if the usage ability and if it is in compliance with zoning laws, then take a look and see if there is a noise ordinance in the County, and what the parameters are; thereafter, measure the noise. Also, see if the County has any regulation concerning time of the day and specific noise tolerance. If in fact there is not a compliance with the law, you can file a direct civil action as against your neighbors, and perhaps the owners of the kickboxing company, and perhaps, the owner of the property.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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