What is the name of your state (only U.S. law): OHIO
My question involves real estate located in the State of Ohio, Summit County.
I am a homeowner and there is a construction yard/concrete company a street away from my house. There is some kind of car alarm emanating from their lot on a regular basis. It often occurs on weekends or nights when no one is working, so the alarm continues for 15-20 minutes and I assume shuts off on its own. I am writing fed up after being awoken at 3 am by their alarm the other night.
I know where it is coming from because this has been a problem probably since moving in back in 2010. I have walked out following the source of the noise and tracked it to their lot, however there is a large covered barbed wire fence around their lot so I can't see the actual car that has the alarm.
I have probably called the police 20 times about it since 2010, but it's obviously a low priority call and by the time they show up the alarm has stopped and there's nothing they can do. I have also attempted to contact the company and have left detailed voice mails telling them their alarm is going off (at 3 am) and disturbing me and asking if they can shut it off completely or at least make it less sensitive so it only goes off if someone is trying to steal their vehicle. I am a little cautious about dealing with this company. I hate to make generalizations, but the company has an Italian name and the area I live in has a bit of a mob past. The calls I made were anonymous because I fear any kind of reprisal.
Additionally, I don't live in the greatest neighborhood, most of the neighbors are renter types and I can only assume none of them really care or just accept the sound as an inevitable part of life out here. I actually moved into this house because it's closer to the law school I'll be attending in Fall and I come from an HOA-type suburbs neighborhood where nuisances are just unacceptable and viewed as a blight that hurts property values.
The thing about the alarm is I might not hear it for two weeks, then I hear it 2 or 3 times for a few days in a row, etc. So when I assume they finally dealt with the issue, then I hear the ear-splitting, migraine inducing "awoooo awooo awooo awooo" sound.
I wrote to city council, they have an online nuisance complaint form. I'm not sure what if anything they can do but at least there's a record of my complaint.
So I researched this kind of issue online and I believe maybe my next step is to file a lawsuit since I plan on living here for at least 3 more years and would like to enjoy some relative peace and quiet.
I believe I can file in small claims court for a maximum of $3000 damages or I can file in Common Pleas and get damages as well as a court order telling them not to let their alarm go off anymore. A suit will cost me like $200 which is worth it to never hear this sound again.
I also read I can ask for $20-$100 in damages for EACH time the alarm went off?
If I go this route, it seems like I need to start a fresh record of every time their alarm goes off unattended because other that the 3 am wake-up the other night, I haven't been recording anything.
Then how long should I wait to file once I accumulate a good long list of violations? Also, I'm thinking of various claims like "intentional infliction of emotional distress," "diminished property," and "trespass." Are these valid and perhaps are there others that apply? Can I claim IIED for the car alarm (it does disturb my sleep which in turn effects my mood).
Lastly, if I do draft my own civil complaint, should I name the company or the individuals linked to it?
My question involves real estate located in the State of Ohio, Summit County.
I am a homeowner and there is a construction yard/concrete company a street away from my house. There is some kind of car alarm emanating from their lot on a regular basis. It often occurs on weekends or nights when no one is working, so the alarm continues for 15-20 minutes and I assume shuts off on its own. I am writing fed up after being awoken at 3 am by their alarm the other night.
I know where it is coming from because this has been a problem probably since moving in back in 2010. I have walked out following the source of the noise and tracked it to their lot, however there is a large covered barbed wire fence around their lot so I can't see the actual car that has the alarm.
I have probably called the police 20 times about it since 2010, but it's obviously a low priority call and by the time they show up the alarm has stopped and there's nothing they can do. I have also attempted to contact the company and have left detailed voice mails telling them their alarm is going off (at 3 am) and disturbing me and asking if they can shut it off completely or at least make it less sensitive so it only goes off if someone is trying to steal their vehicle. I am a little cautious about dealing with this company. I hate to make generalizations, but the company has an Italian name and the area I live in has a bit of a mob past. The calls I made were anonymous because I fear any kind of reprisal.
Additionally, I don't live in the greatest neighborhood, most of the neighbors are renter types and I can only assume none of them really care or just accept the sound as an inevitable part of life out here. I actually moved into this house because it's closer to the law school I'll be attending in Fall and I come from an HOA-type suburbs neighborhood where nuisances are just unacceptable and viewed as a blight that hurts property values.
The thing about the alarm is I might not hear it for two weeks, then I hear it 2 or 3 times for a few days in a row, etc. So when I assume they finally dealt with the issue, then I hear the ear-splitting, migraine inducing "awoooo awooo awooo awooo" sound.
I wrote to city council, they have an online nuisance complaint form. I'm not sure what if anything they can do but at least there's a record of my complaint.
So I researched this kind of issue online and I believe maybe my next step is to file a lawsuit since I plan on living here for at least 3 more years and would like to enjoy some relative peace and quiet.
I believe I can file in small claims court for a maximum of $3000 damages or I can file in Common Pleas and get damages as well as a court order telling them not to let their alarm go off anymore. A suit will cost me like $200 which is worth it to never hear this sound again.
I also read I can ask for $20-$100 in damages for EACH time the alarm went off?
If I go this route, it seems like I need to start a fresh record of every time their alarm goes off unattended because other that the 3 am wake-up the other night, I haven't been recording anything.
Then how long should I wait to file once I accumulate a good long list of violations? Also, I'm thinking of various claims like "intentional infliction of emotional distress," "diminished property," and "trespass." Are these valid and perhaps are there others that apply? Can I claim IIED for the car alarm (it does disturb my sleep which in turn effects my mood).
Lastly, if I do draft my own civil complaint, should I name the company or the individuals linked to it?
