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Starting and Operating a Business Includes Corporations / Partnerships / LLCs, etc.



               


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Old 10-23-2008, 11:57 PM
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Join Date: Oct 2008
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Can the City Hall do this?


State New Hamphire. Over the years my restaurant have been getting complain from this one residential neighbor about the loudness of kitchen hood. We manage to resolve the problem throughout the years. The last time we received a complain the city asked us to call a technician to come in and inpect our kitchen hood to see if it is working properly like it should. We did and there was nothing wrong with the hood, the city inspector came in to take a look and was ok with it. For the record the hood noise level can no way be at a disruptive level when I can only hear a low hum from the room next to the hood (6 feet away) and her house is a good 30 - 40 feet away. And this is a same lady who threaten call the police on us for level the air condition on all night.

Now the neighbor unsatisfied with the city's decision filed another complaint. This time they brought in the City Attoney. He ordered us to take care of the noise issue and the odor emanating from the hood. The problem is our hood is working properly like it should and there are restaurant with louder hood than us in town. Also the odor they are referring is the smell of the the food that get sucked out through the vent. The City Attoney didn't even bother to check the noise level of the hood with any equipments and the odor that he was referring to is our food that is being cooked which at the time of their inspection nothing was being cooked! So I have no idea what odor he was talking about. His decision was cleary a subjective and he only hearing one side of the story.

He can't order into making changes without investigating and evidences that this is a legitimate complaint can he? He clearly made up the odor issue, because nothing was being cooked at the time. Can he get into trouble for false accusation? What can I do to protect my business from what seems to be clearly illigitimate complaint and the city bullying us into making changes?
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Old 11-07-2008, 09:26 AM
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Join Date: Nov 2007
Posts: 114

odors...


You definitely need to hire an Attorney! An Attorney will know exactly what types of letters and/or forms would need to be filed in such a case as yours.
Typically if an Attorney starts coming after you, the only way to combat it is if you are knowledgeable in law or retain an Attorney....
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