Excess of toxic fumes, noise and vibration

[FHD]

I just purchased a house besides a bakery in north jersey. This bakery is in a corner “L shaped” lot that surrounds my house from the right and through the back. The first issue is excessive amount of smoke and fumes that this bakery produces. There are approximately 15 chimneys and vents in the roof of this bakery and this fumes end up blowing in the windows of my house because their pipes are no longer that a foot from their roof taking into account that the bakery is a one level. Even with the windows close we smell the fumes and smoke. Apparently this bakery started as a small store more than 20 years ago and it is obvious that the have added more equipment and so for trough out the years.

The second issue is the noise and vibration that their mixers, or whatever other equipment they have produce. This noise and vibration happens randomly trough out the day and night, and goes from a mild deep noise to a violent vibration.

I have gone there twice to speak to them with out any results. So I wrote a letter directed to the owner explaining the situation. In the latter I stated that I appreciate it a written response with the planned solutions with in two weeks of the letter’s date. If I don’t get any response with in two weeks I will complaint to the local authorities.

Besides the health concerns that I have for my family and myself this situation is taking away from the comfort of our new house and it is stressing us.

My questions are: what type of case do I have? Do I need a lawyer to take this case to the court and which court should I go? How can I precede from this point forward to take legal action, and to whom or how can I direct my complaints to resolve these issues?

 

[stephenk]

did your purchase agreement for the home note the noise, smell, vibrations, etc. in the disclosure statement? Did you ever ask the realtor or homeowner about the bakery and any problems from living next to it?

 

[FHD]

never told

I was not told about any problems, neither by writting or by word.

 

[stephenk]

Did you ever ask?

 

[FHD]

how should I start going about it???

No I did not ask, and every time I went to the house I did not see anything out of the ordinary. Are there any environmental laws, pollution laws, building codes laws??? If they don’t do anything about it I will contact every single local government, county and even state agency that I could relate to the problem, but where should I start????
It can’t be possible to be slowly intoxicated by this fumes and stress out by this noise and nobody be responsible?

 

[badapple40]

You can't do anything.

In legal parlance, you have "come to the nuisance." Because the bakery has existed, and has conducted its operations in the same size and scope now as when you moved in, you are without recourse. The courts view on it is that if you don't like who are moving in next to, don't move in next to them.

Now, if the bakery decides to expand its operation, hours, or the like, then you may be able to bring a private nuisance action for disturbing your peaceful enjoyment of your property. Again, the measure of damages, or in injunctive relief, will be to force the bakery to go back to their current levels of operation/noise/etc.

On the other hand, if the bakery is discharging air contaminants into the environment, you may want to see if they permits from the state/local government for those discharges. If not, they may be in violation of permitting laws and/or discharge laws. That might cause them to encapsulate/stop the emissions, but it won't fix the noise/vibration problems -- you are stuck with that.

As has been suggested, there may be recourse against the sellers of the property, but that would be a matter of contract law and applicable warranties associated with the purchase of the home. I couldn't advise you one way or the other without looking at the disclosure form, its precise contents, and the purchase agreement for the home.

You may want to consult a local attorney, however, who may be able to assist more. You never did tell us what state you are from.

 

[FHD]

thank you for your advise...

I live in NJ.