Incessant smoke from next door

Discussion in 'Legal Issues' started by Whitecat, 8th Sep, 2018.

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  1. Whitecat

    Whitecat Well-Known Member

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    Also just for the record these are the nice things I have done for this gentleman.
    1. Helped him get some money back and secure his accounts after he was scammed in an online romantic scam
    2. Bought him a new doona after he was freezing in his bed because he doesn't shut the doors and windows. And in some parts has no doors and windows
    3. Helped him fix his computer several times
    4. Cleaned up garbage out of his front yard and around his letter box and on the street coming from this house
    5. Offered to cook him food
    6. Taken a genuine interest in his miserable circumstances to see how things can improve in some way. Offered to help him clean up etc if you saw some interior photos you would be horrified.
    7. Fed his Cat when he has been in hospital and his alcoholic friend who visits daily and is allegedly his carer stopped doing that.
    8. Offered to give him a ride to church where his Dr is the Deacon (not trying to convert him, thought it might get him a support network). Offered to take him out as he never leaves his house. Ever.
    9. Assisted the frustrated ambulance drivers late at night who were really angry about being called to help him get into bed because he was drunk. I think this wasn't the first time.



    His position is on the smoking is that it is not harmful. That there's no evidence that it's harmful. That it it's impossible that it could come over my side because it's only a cigarette. That what I am actually smelling is car fumes. That it's an act of God that the smoke comes over anyway so not his responsibility. And that I am a Scorched Earther because I cut back on my side the trees that were scratching my house (I've donated monthly to greenpeace for 8 years) . All of this is why I have no sympathy for him any longer given that he has the economic means to live quite comfortably but chooses to live this way.

    @Meander
     
    Last edited: 12th Sep, 2018
  2. Whitecat

    Whitecat Well-Known Member

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    @RPI thanks for the information about legal action it's not something I really want to spend that sort of money on. I will move out eventually I just can't do that right now. What about the administrative issues with council eg IMG_20180125_085809.jpg councils assessment that it is structurally sound when it's a completely dilapidated structure. They have told me that they tend to "lose eviction cases against old men" and then they came and told me to my face in front of his house that it's an "optical illusion" that the balcony (refer photo) which he is too afraid to go on one side of as he thinks it will collapse is actually "straight" and is supposed to be like that. Not even kidding
     
  3. Whitecat

    Whitecat Well-Known Member

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    The place is so bad I'm sure it would get on Current Affair but then it's just going to create publicity for me and I'm not sure that would make any difference? I would need some media advice before doing this
     
  4. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    It is an action in the P & E Court. Anyone has standing to take action against non-compliant development or unlawful use among other breaches. need to identify specific breach and he could appear. Still going to cost you $15-$20k. And then if he breaches the order you still have to enforce (unless BCC took it up at that time).
     
  5. The Gambler

    The Gambler Well-Known Member

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    2nd hand smoke kills. But I don't care, I'm getting my nicooooootine fix and that makes me not give two sh*ts about anybody else.

    Chainsmokers often have mental health issues that need addressing.

    OP, the neighbour is never going to change. I'd forget trying to ask him to do so. The council seem reticent to help which is also surprising.

    I don't think starting a war with the bloke is a good idea, but you can search the net for things you can do. There are some pretty clever and inventive folks out there.

    A few ideas...
    OP should take up playing the electric guitar and have the amp facing directly at neighbour's place. As long as you're within the correct hours, there is nothing he can do about it.

    I think the OP could run the industrial fan during the day from inside his place (face it out a window at the neighbour) and there is nothing the neighbour can do about it as long as the fan is inside the house.

    OP could install one of those window sized exhaust fans and have it facing directly at the neighbour's place and then use your imagination...
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Yeah that wont inflame anything. Breach of noise laws, nuisance etc. Then one day while at work the house burns down. Electrical issue in a fan the fireys said.

    AC on, close windows and avoid stress and mental breakdown from constant concern. The property state was likely fairly evident when purchased or moved in. Its not like the OP woke up to find a ******** next door one morning. Move into a house next door to an airport and you get ...airport noise, fuel vapour, landing lights etc.
     
    Last edited by a moderator: 18th Sep, 2018
    balwoges and JASA like this.
  7. Whitecat

    Whitecat Well-Known Member

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    Yes I didn't consider the smoke issue. The fact that it is derelict is not ideal but not as much of a problem. I just didn't think about the smoke - and I will in any future residence as it really triggers my asthma and makes my nose run. When I inspected the place he was in hospital.
     
  8. Ricki barkham

    Ricki barkham Well-Known Member

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    Can the epa do anything about the toxic environment?