Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We closed on this house at the end of July and have since found out that just about every weekend, the guy who lives behind us (outside of the neighborhood) shoots guns on his property and revs his truck engine for long periods of time (very loud "junker" truck - no muffler)
This neighbor's property is across a swale from us and out of the city limits, but I can easily see him over there. (We are in city limits but he is just governed by county rules)
We called the police about the shooting but they said "You moved to XYZ county and you're gonna hear guns". Ok, thanks guys. As long as he shoots towards the woods, they said he is ok, but he does have to be outside of a certain # of feet from any occupied structure and I'm not sure if our house is close enough, but it just might be.
I recently went to the HOA meeting of my neighborhood and found out the following:
1. There is a county noise ordinance and it states that you can't make excessive noise that would be heard more than 100 feet from your home. Another resident here has called the police on her neighbor next door for excessive revving of his dirt bikes and 3 wheelers.
2. The gunfire and truck revving from behind me is easily heard by neighbors in the very front of my neighborhood. (they told me they hear it too and it has been going on for a long time)
3. The HOA president told me that as soon as the weather cools off, the guy behind me will start having bonfires and shooting "automatic" weapons.
Ok, so given the fact that we have two children and want to feel safe in our home, I'm feeling like this should have been disclosed to us as a noise nuisance. It's common knowledge around the neighborhood that this person is loud and shoots guns. (he has been there for 30+ years while this neighborhood is only 9 years old). This activity has also been going on for a long time, so the seller of our house had to know about it.
The revving happens all days and times, from Sunday afternoons to just now (4:00 PM on weekday) to 9:30PM on Saturday nights. The shooting is on Sunday afternoons mostly so far, but who knows.
You have to see whether or not your state has noise nuisance disclosure requirements. Only a few states require that kind of disclosure. Check to see if yours is one.
I consider the shooting to be more than a noise issue. It just sounds so close like you want to duck for cover. (and my husband makes the kids go to their room because that is the only solid wall available on that side of the house)
Look at the disclosure notice that the seller filled out. It's probably either a state form or a local real estate board form. More than likely there isn't anything that asks the sellers to disclose noises. The disclosure is about known material facts related to the actual property you're buying, not your neighbor's.
I'm not an attorney, so take it with a grain of salt, but I don't think the sellers had anything to disclose to you. If there is a noise ordinance like you mentioned, contact the county and have it taken care of. Night time noise ordinances are different than day time ones, so you could probably at least get the night time noises cut down.
Your County noise ordinances probably don't cover gun noise. Also, this guy has had a firing range for 30 years and your development is less than 10 years old. You're probably out of gas on your complaint. That is one of the aspects of moving to a rural setting, hunting noise, engine noise, dust from farming operations, etc. If his ATVs are being ridden on his property that probably isn't illegal either.
I don't know about FL law but most states have a safety zone from occupied buildings that will range anywhere from 50 yards to 150 yards with an exception in situations like your's, especially if he has a larger acreage. If he's been shooting for 30 years there I don't imagine that he's taking potshots at your house.
You don't like what the police told you because it doesn't agree with what you want, but it's most likely correct (again I'm not familiar with FL, just in general for most states).
Maybe it didn't bother the previous owners. There are people here that are trying to shut the Chesapeake Bay watermen down because their boats aren't "pretty" enough.
I'd be dragging in junk cars if I were him and found out about the complaints.
If the guy with the guns isn't breaking any ordinances, and there isn't a noise nuisance disclosure law, I'm not sure that the sellers had anything to disclose. That doesn't mean I don't feel bad for you in your situation.
You might just have to put the house back up for sale and start spending some time on weekends in other neighborhoods so you can determine if you want to live there.
I think the buffer is 450 feet (150 yards). It seems like our house would definately be within that zone, esp. the backyard. How are you supposed to find out unless you have the area measured?
By the way, the county law enforcement gave us incorrect information about that (I checked the county statues). They said 150 feet, not yards. They were also very condescending and asked us where we moved from (Umm, lived in FL since 1974)
Don't get me wrong, I have nothing against country living. I have nothing against guns (we have plenty and my husband was a member of the NRA) However, there is a big issue with ricochet and trees. Also, how do I know that this guy is 100% sober and responsible back there? What if he fires off a few rounds and a bullet strikes one of the hundreds of trees and comes back my way? I don't think he has any kind of sand buffer. He just fires towards the woods (nothing but woods behind him all the way to a big lake)
Also, what about firing "automatic" weapons as my HOA president told me? That seems way over the line and again, more opportunity for something to go wrong.
Seriously, how can I sit out in my yard with my two toddlers and enjoy a Sunday afternoon with gunfire (I can see the man and the gun from here) and trucks revving?
Your County noise ordinances probably don't cover gun noise. Also, this guy has had a firing range for 30 years and your development is less than 10 years old. You're probably out of gas on your complaint. That is one of the aspects of moving to a rural setting, hunting noise, engine noise, dust from farming operations, etc. If his ATVs are being ridden on his property that probably isn't illegal either.
I don't know about FL law but most states have a safety zone from occupied buildings that will range anywhere from 50 yards to 150 yards with an exception in situations like your's, especially if he has a larger acreage. If he's been shooting for 30 years there I don't imagine that he's taking potshots at your house.
You don't like what the police told you because it doesn't agree with what you want, but it's most likely correct (again I'm not familiar with FL, just in general for most states).
Maybe it didn't bother the previous owners. There are people here that are trying to shut the Chesapeake Bay watermen down because their boats aren't "pretty" enough.
I'd be dragging in junk cars if I were him and found out about the complaints.
The ATVs are not his, they belong to someone in my neighborhood who lives next to the HOA president, and she called the police due to that revving noise. I would have no issue if he had ATVs and wanted to ride them on his property.
I don't see why there would be an exception in my case for the gunfire. The safety buffer should always be there, no matter what.
By the way, I don't care how many junk cars he has. That's his business. He could have 100 junkers for all I care. I do care about loud noises that can be heard all the way to other side of my development (extremely loud revving for no reason at all, for long periods of time), as well as possible automatic weapons fire.
This is such a terrible situation that you are in. I would probably consult a lawyer. If nothing could be done, you might have to pick up and move for your children safety.
I'm just wondering if you went by the house and neighborhood during the weekday, weekend, night time, and day time before deciding on buying the house. I'm sure you would have heard the shotguns going off since you said it's so loud that folks at the front of the house could hear it.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
