kicking up dust

This is a discussion on kicking up dust within the Other Healthcare Law Issues forum, part of the HEALTHCARE LAW & MALPRACTICE category; Hello, Ontario Canada. A small company with a small parking lot (approx. 10 car parking capacity) routinely has someone blow ...

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Old Apr 11th, 2009, 12:55 PM   #1
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Default kicking up dust

Hello,

Ontario Canada. A small company with a small parking lot (approx. 10 car parking capacity) routinely has someone blow dirt and dust from their parking lot, using a noisy gas powered leaf blower. This company is located in a residential area, and is surrounded by residential homes.

The dust clouds float right into my windows and covers everything in my house. I am disabled and fix computers for nonprofit. I have several PCs open (no walls on the PC chassis), and the components inside of the computers are covered with dust due to the dirt cloud kicked up by the leaf blower. There are absolutely no leafs on the parking lot in question.

I'm assuming leaf blowing IS legal and 3 hours of dirt blowing is not. 'Assuming' and 'Knowing' are 2 different things. Is it legal for the company in question to use the dirt blower, and is there anything we (myself and surrounding residents) can do to legally have this dirt blowing stopped.

If necessary, we can take time stamped video showing no leaves, a huge cloud of dirt and the time stamp will show the length of time this person is using blower in parking lot.

Thank you

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Old Apr 11th, 2009, 01:01 PM   #2
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Old Apr 11th, 2009, 01:45 PM   #3
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No neighbor can make a nuisance or take actions that harm you. If this is happening repeatedly, write them and tell them they need to stop. If they will not you may say you will file a complaint with the city, you will seek damages in small claims, and you will even consider a criminal law complaint if they purposely keep doing it after be warned.

Try to work out something but they have no right to cause damage and irritation to a neighbor. All sorts of prohibitions exist against that.
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Old Apr 11th, 2009, 11:08 PM   #4
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Thank you for your responce, sorry for the extra post.

I have been wondering for the past 2 years, why they continue to do it. Could it be that all the surrounding residents assumed it must be legal simply because they keep doing it?

Thats what I have been assuming. Once again, 'assuming' and 'knowing' are 2 different things.

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