Problems with smoke from neighbor's burn pit

Arborist Forum

Help Support Arborist Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
I'm thinking about taking up smoking again back by the corner of the building. I think I will put an ashtray back there though. 7am tomorrow morning when I get to work I think i'm going to make one out of a 55 gallon drum...with an air chisel...out behind the shop.

Don't provoke or escalate the problem.....the neighbors will do something stupid on their own and you'll have it on tape with your nifty security camera.
 
They are cutting down all the scrubby crap that has grown next to the building. I'm pretty sure it is on our property. We just fixed a car for a surveyor and he is coming out in a couple of weeks to shoot the line. I have a professional landscaper friend. I wonder what the value of those Alianthus and Lilac are?

I think I will wait until they cut it all down to do anything about it.

Anybody know about security cameras?

west wall.png
 
Contact the real estate holding company that owns/rents/sells the property. If the holding company still has ownership they will not want to see their tenant create problems for them. I spent many years in property management, and would investigate the situation, then immediately evict the tenant.
 
Contact the real estate holding company that owns/rents/sells the property. If the holding company still has ownership they will not want to see their tenant create problems for them. I spent many years in property management, and would investigate the situation, then immediately evict the tenant.

I think that's a fantastic idea. It's a small town, we are looking for a personal introduction. I was going to lay this out make them aware of what has happened so far and explain that we don't want it to escalate any further. I was going to suggest that we agree on a mutually beneficial easement for access to our building as well as their driveway. I suspect, and will find out for sure, that/if their driveway is partially on our property. There is also a potentially hazardous alianthus on the property line that I would like removed. At my expense with insured contractors of course.
 
Yes, get a security camera. Don't just rely on video for when you're there.

But what may be even better is get a dozen "fake" security cameras as well (can be pretty cheap, but real looking), put them clear in the open and/or be sure they see you put them up. Deterrence is probably better in this situation. I'd say you're better off not having anything worth filming and with that no problem, rather than have to go through the ordeal of reporting some secret video footage of your property being damaged.

Sounds like its a daily thing that's only escalating, so do the camera thing soon.
Best Idea yet. Multiple if you can afford them.


Regarding the dates. Yes very good to have as well as the exact time of each interaction.
 
Best Idea yet. Multiple if you can afford them.


Regarding the dates. Yes very good to have as well as the exact time of each interaction.

I have been to court many times as a property manager. As long as you have not violated any law in the case, the party with the most (accurate) documentation wins. Every threat, should be documented by a police report. Every trespass, by a police report. Request a restraining order, as the neighbor is affecting your business by harassing potential customers, and threatening your well being. You will build a solid case if ever needed.
 
They are cutting down all the scrubby crap that has grown next to the building. I'm pretty sure it is on our property. We just fixed a car for a surveyor and he is coming out in a couple of weeks to shoot the line. I have a professional landscaper friend. I wonder what the value of those Alianthus and Lilac are?

I think I will wait until they cut it all down to do anything about it.

Anybody know about security cameras?

View attachment 500030
I put two up outside our house last year as we had some neighborhood problems. I'll PM you details. Check for local ordinances/ restrictions on these. My system has a provision to block selectable areas from viewing and recording - see photo - just taken of the monitor screen. Probably not a good idea to record what someone is doing on their property, legally or illegall. I can set them for motion detection, scheduled, or constant recording. Daytime viewing is excellent but night vision leaves something to be desired unless you have a lot of light. I would also consider wireless vs wired that I installed - much easier to relocate the cameras as needed. I can view these remotely on-line and on my phone.

Greenskeeper - can you provide any links to the lawsuit about fake cameras? Of course, you can sue anybody for anything, but I have a real difficult time understanding how that would hold up in court.
 

Attachments

  • DSCN9353.JPG
    DSCN9353.JPG
    473.9 KB
Don't provoke or escalate the problem.....the neighbors will do something stupid on their own and you'll have it on tape with your nifty security camera.
I agree, keep your actions legal and within reason. Document everything, dates, times, and photos if possible.
Once you have enough evidence, file a harassment clam.
 
Contact the real estate holding company that owns/rents/sells the property. If the holding company still has ownership they will not want to see their tenant create problems for them. I spent many years in property management, and would investigate the situation, then immediately evict the tenant.

i thought about the OP's post earlier about this and i was going to post the same thing. contact the owner of the property.
 
Well it's Saturday night so I must confess. I have a healthy Bzzzzzzzzzzzzz going on, so forgive the typos.
I know I have one monitor, but ia seeing at least two.
Long story short, I had a neighbor that call ed the EPA on me for fire pit fires I had out in the yard. If the EPA gets a complaint, they have to investigate. I was BBQing and The EPA showed up a 3 in the morning to investigate. Out of about 40 calls on me. Not one fine and they all told me I was legal. I only burn wood, no toxic plastic or stuff like that.

There is way more but when the EPA investigated me. I pointed out his burn pile that was full of PCV pipe, tires and other no,no's.
The EPA guy told me he's going over there and right him up.
He was there for an hour.
Amazingly I never got another call from him.

Karma. She may take her time, but she works.


Man what a night! At one point I was seeing 3 monitors and 2 keyboards.
Lets just say I was lit!
For being so hammer'ed, I didn't do so bad. lol
My oligopolies if you were offended.
It was Saturday night and I had been dealing with flooding for 4 days.
So I flooded my blood with alcohol.
Good times!!! lol
 
There are three sides to every story, your side, their side and the truth.
Abject piffle. Speaking the truth may be a foreign concept to some but remarkable as it may seem to the same or similar liars, there are still people who value the truth over their own gain or limiting of losses. I have read or heard of such sayings as yours before and, frankly, the inherent disrespect pisses me off.
 
I have had a few of these type over the years and after talking to a old guy about it we came up with a solution.
Kill them with kindness and it will make them upset that they cannot upset you. While they are cussing you out just think of your favorite song and hum it in your head and smile after a while they will run out of hot air all the while your smiling at them and say thank you and to have a good day. If they smoke you out thank them for giving you the day off and smoking out the bees too... well maybe not that far but you get the idea.
If they come while you have a customer say something like these are the greatest neighbor I have ever had they keep an eye on the place and even let me know who's been lurking around. after that they would look like a fool to start yelling at you. If they do you will have a documented witness as to their unstability or metal case. Wave and smile at them every chance you get. after a while they will quit trying to make you mad and give up.
I would keep up on the records and ask for a informal meeting with the property manager to discuss the problem, The property manager will not want to deal with their insurance or atty. either so they will be inclined to get it taken care of asap. However if they left the trash out there the health dept is the place to work that end if needed. Look on line at the county website they usually have a map of the property on it. You can generally see where the line is without having to pay for a survey.
If they are cutting your trees tell the property manager. In this case I would say something like" We all know how ugly it can get when somone is treaspassing and cutting trees down etc. I just want to give you a heads up so you know what is going on over there. You also may want to mention that illegal burning may cause the fire dept to look the other way if there is a real fire on their property someday. The key is to not act upset in any way but to be soft spoken and frank with them. I usually say I dont want to have to take this to the next level but If "you" had to choose between your business being able to operate so "you" can make" your" house payments , what would you do? And leave it at that.

As for the smoke I would really struggle with it as it shuts you down for the day. Document how many hours of booth time, your labor, shop rate and overhead etc. you have lost. Add in time for preparing documents phone calls etc. The court will need this if you ever get there.
I am not sure if I would share that figure on the first visit but think if they don't take care of it on the second visit would discuss what you prepared and ask for the names of who is involved,tenant, owner, management co, etc. they will not give them to you but will give the impression your are prepared to go to the next level. When you part be sure to get the persons first and last name and write it down or say "I may need that."
Then follow up with a certified letter outlining the tenants actions.
Showing that you have formally notified the management company/owner of the situation.
Good luck,
Chad

Usually in these cases it is better to leave your end vague so they can use their imiganation as to your remedy.
 
Abject piffle. Speaking the truth may be a foreign concept to some but remarkable as it may seem to the same or similar liars, there are still people who value the truth over their own gain or limiting of losses. I have read or heard of such sayings as yours before and, frankly, the inherent disrespect pisses me off.

I agree with his statement. There are always 3 sides to a story. Unless there are whiteness. Then More sides come out. Kinda like a Rubik's Cube. lol
 
I put two up outside our house last year as we had some neighborhood problems. I'll PM you details. Check for local ordinances/ restrictions on these. My system has a provision to block selectable areas from viewing and recording - see photo - just taken of the monitor screen. Probably not a good idea to record what someone is doing on their property, legally or illegall. I can set them for motion detection, scheduled, or constant recording. Daytime viewing is excellent but night vision leaves something to be desired unless you have a lot of light. I would also consider wireless vs wired that I installed - much easier to relocate the cameras as needed. I can view these remotely on-line and on my phone.

Greenskeeper - can you provide any links to the lawsuit about fake cameras? Of course, you can sue anybody for anything, but I have a real difficult time understanding how that would hold up in court.


From what I understand, an outdoor security camera pointed in a direction that would catch vandals on your property . Is legal, even if it captures your neighbors property.
Even on privet land, if someone standing outside the perimeter can film anything they want.
The media dose it everyday!
The media post security pictures of crimes from surveillance cameras from other business on the news every day.
The key is to not trespass on privet property to do it.
 
From what I understand, an outdoor security camera pointed in a direction that would catch vandals on your property . Is legal, even if it captures your neighbors property.
Even on privet land, if someone standing outside the perimeter can film anything they want.
The media dose it everyday!
The media post security pictures of crimes from surveillance cameras from other business on the news every day.
The key is to not trespass on privet property to do it.

I believe you are right.

Watching the video will tell the tale and if it looks like it's set up to 'spy' on the neighbors Vs. monitor one's own property.........it is not going to help the cause but instead look like harassment.
 
Well it's Saturday night so I must confess. I have a healthy Bzzzzzzzzzzzzz going on, so forgive the typos.
I know I have one monitor, but ia seeing at least two.
Long story short, I had a neighbor that call ed the EPA on me for fire pit fires I had out in the yard. If the EPA gets a complaint, they have to investigate. I was BBQing and The EPA showed up a 3 in the morning to investigate. Out of about 40 calls on me. Not one fine and they all told me I was legal. I only burn wood, no toxic plastic or stuff like that.

There is way more but when the EPA investigated me. I pointed out his burn pile that was full of PCV pipe, tires and other no,no's.
The EPA guy told me he's going over there and right him up.
He was there for an hour.
Amazingly I never got another call from him.

Karma. She may take her time, but she works.

Now that my keyboard has morphed back into one again, I'll finish the story.
His background. He and his family of 7 kids, that were never allowed to play outside were devout religious freaks. ( I say that because he always brought up the fact that Jesus was missing from my heart) If he saw a single puff of smoke coming from my direction, he called the EPA.
Not just on me but every other neighbor living close by.
One day he calls me to the fence wanting to ask a question.
Our property butts up together and there was an old bob wire fence with Tallow trees growing right on the line.
After all the grief he caused me, he had the nerve to ask to put up a chain link fence. No problem there. Untill he wanted to put it on my side of the line. Taking up 4 feet of my property.
I said, are you kidding me? You go out of your way to try to get me in trouble and you want me to give you my land?
I said hell no. You can put the fence on your side of the trees, or cut the trees and put the fence back on the property line where in belongs.
So he rented a backhoe and started removing all the trees.
I could see he had a giant pile of wood and he wasn't even half finished.
I tried one more time to be a good neighbor and offers him a spot on my place to pile the rest.
I specifically told him I would be burning the pile. He said he was going to do the same.
Kinda hypocritical considering all the times he called the EPA on me.
He gets his fence up and a few months pass and i burn "HIS" pile of wood.

You guessed it, He called the EPA.

That leads back to the beginning story. He had not burned his pile but had pilled PVC pipe and tires in his pile.
Thats when the EPA guy paid him a visit.

Fast forward a few years. He got divorced, not one of his kids ever came to visit. He turned his house into a unlicensed halfway house. In witch several of his drunk tenets drove through by back fence, almost hitting my house by mere inches.
He fell off a ladder, had complications and died.
The house is empty and foreclosed on.

Karma.
 
If you have a business you probably already have an attorney that you use, maybe pop in for a quick chat to see whats legal and whats not as far as surveillance, preventative measures, what will carry weight in court, etc. If you don't already have a guy that you use, $100 would probably buy an hour and some good legal advice.
 
Now that my keyboard has morphed back into one again, I'll finish the story.
His background. He and his family of 7 kids, that were never allowed to play outside were devout religious freaks. ( I say that because he always brought up the fact that Jesus was missing from my heart) If he saw a single puff of smoke coming from my direction, he called the EPA.
Not just on me but every other neighbor living close by.
One day he calls me to the fence wanting to ask a question.
Our property butts up together and there was an old bob wire fence with Tallow trees growing right on the line.
After all the grief he caused me, he had the nerve to ask to put up a chain link fence. No problem there. Untill he wanted to put it on my side of the line. Taking up 4 feet of my property.
I said, are you kidding me? You go out of your way to try to get me in trouble and you want me to give you my land?
I said hell no. You can put the fence on your side of the trees, or cut the trees and put the fence back on the property line where in belongs.
So he rented a backhoe and started removing all the trees.
I could see he had a giant pile of wood and he wasn't even half finished.
I tried one more time to be a good neighbor and offers him a spot on my place to pile the rest.
I specifically told him I would be burning the pile. He said he was going to do the same.
Kinda hypocritical considering all the times he called the EPA on me.
He gets his fence up and a few months pass and i burn "HIS" pile of wood.

You guessed it, He called the EPA.

That leads back to the beginning story. He had not burned his pile but had pilled PVC pipe and tires in his pile.
Thats when the EPA guy paid him a visit.

Fast forward a few years. He got divorced, not one of his kids ever came to visit. He turned his house into a unlicensed halfway house. In witch several of his drunk tenets drove through by back fence, almost hitting my house by mere inches.
He fell off a ladder, had complications and died.
The house is empty and foreclosed on.

Karma.

...that's when the epa paid him a visit.

Priceless!
 
Back
Top