I share a fence with the neighbor behind me. Every day for 2 years, he rakes up his leaves and yard debris and throws them over our fence onto my patio and into my pool. He claims they are MY leaves because they blow into his yard from my tree.

I've spoken with him directly to no avail.

I've had the homeowners association write him and ask him to stop. They pointed out to him that it's illegal. They told me they have no authority over neighbor to neighbor issues.

I've had to call the sheriff out 3 times due to threats he's made against my wife. They have all spoken with him, told him it's illegal, and asked him to stop.

I've filed a citizens complaint with the city code enforcement office. Turns out there is actually a municipal code prohibiting this. The Director of the department told me they don't have time, and would not pursue minor cases like this. He did however call the neighbor and tell him it's illegal and to stop.

Nothing has stopped him, and he is scaring my wife. No one in authority seems willing to do anything. Probably sounds petty, but just imagine dealing with this every day for 2 years, plus the threats are escalating. This neighbor strikes me as the type that could "lose it" and do something dangerous.

I'm out of work, and don't have the money to hire an attorney.

Any suggestions / solutions? (I live in San Diego)

Thanks!

I would hire a company to come out and remove the debris and pay them. I would then present the bill to him. If he refuses to pay, file a small claims suit. They are pretty cheap. If nothing else it may finally get the point across. Above anything else. Document, Document, Document. Save everything and even request copies of the police reports and letters that have been sent.

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Originally Posted by mitchsc

I've filed a citizens complaint with the city code enforcement office. Turns out there is actually a municipal code prohibiting this. The Director of the department told me they don't have time, and would not pursue minor cases like this. He did however call the neighbor and tell him it's illegal and to stop.

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Ok, If there is a municipal code against this, what is the penalty? Probably a fine. You need to demand that the code be enforced and that he be issued a summons for violation. For a department to tell you they don't have time to enforce the law when a citizen complains is unconscionable.

I also think Greg's suggestion is a good one, but you need proof (video? ) that he has done this.

First, if you have a follow-up please reply in the thread. PMs should be reserved for personal correspondence.

Is the mayor up for re-election? Thought of running against her or at least campaigning against her. Have you thought of going to the media (not about the neighbor per se, but about the government's refusal to enforce the laws on the books).

The only other thing is to sue him for the costs of cleaning up from his illegal activities. But I would take it further, I would name the municipality as c0-defendents for their refusal to enforce the law.

I know it wouldn't work here, but a neighbor's dog kept doing his business on another neighbors lawn even after asking the owner to stop doing it. She picked up the poop and put in on the dog owner's step. It stopped.

Who knows, if you keep playing catch with the debris for a while, it might become pointless.

We have a friendly argument with the neighbor next door and the leaves from a 47 YO, 40+' tall oak tree. It's getting tough for older people to clean out the gutters.

Tresspassing, when he throws things on your property it would violate the criminal law of tresspass, at least in the states I was a police officer.

Also check out city littering laws, there as to be a law on littering.

And of course build a higher fence, I once built a 10 foot high fense between one neighbor and myself.