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1) If it is within the jurisdiction of the property, then you should react, it is not appropriate to put this kind of thing in the residential area. If you put it in the house, it's pretty much the same.
2) You can sue you, but the best thing to do is to ask a notary public to come and have them record the situation (they are more effective than you can do it yourself). It costs money, but you can ask the other party to bear the legitimate cost of preserving the evidence in the event of a lawsuit.
If it really doesn't work, you can call the police first and say that you are disturbing the people, and the police have a record of their duties, and the general situation is also evidence.
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You can sue for neighboring rights and ask the court to conduct a noise appraisal, and if it is finally determined that it is noise pollution, you can either ask the other party to stop making noise or compensate for the damages.
Regarding the property, this first depends on the contract you signed with the property company, and they do not have a similar obligation to clean up the noise pollution in the community, if there is, you can sue them to demand performance and compensation.
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This kind of neighborhood problem, it is recommended that you first negotiate with the relevant departments, and if the negotiation fails, you will be prosecuted.
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1. Urban management (industry and commerce is in the house) complaints.
2. Complaints from the Environmental Protection Bureau.
Finally, you can go to the court, and you can also give a letter to the property lawyer first.
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According to the provisions of the property law, the establishment of business premises in the community must be approved by the general meeting of owners, otherwise the property shall not be operated or approved without authorization.
The Noise Pollution Prevention and Control Law also stipulates that the opening of a casino in a residential area must be approved by the administrative department and must not affect the lives of others.
Article 90 of the Property Law: Owners of immovable property rights shall not dispose of solid wastes or discharge harmful substances such as air pollutants, water pollutants, noise, light, and electromagnetic radiation in violation of state regulations.
Therefore, you can file a complaint with the EPA, or you can sue the other party to stop the infringement and compensate for the damages.
Prosecution evidence includes video recordings, audio recordings, witness testimony, etc., and noise appraisal can be applied to the Noise Management Division of the Environmental Protection Bureau.
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(1) May negotiate with the property management company in advance, and if the negotiation fails, it can be reported to the relevant departments for processing. If the parties are not satisfied with the outcome of the disposition, they may file a lawsuit with the court. (2) The parties may directly file a lawsuit with the court.
Legal basis: Article 36 of the Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution stipulates that if any of the following acts are committed in violation of the provisions of these Regulations, the environmental protection department or other supervision and management departments may give a warning or impose a fine according to different circumstances in addition to ordering it to make corrections
1) Refusal to report or falsely report the declaration and registration of emission noise stipulated by the environmental protection department;
2) Without the consent of the environmental protection department, dismantling or idling noise pollution prevention and control facilities without authorization, and emitting noise exceeding the prescribed emission standards;
3) Refusing on-site inspections by environmental protection departments or other oversight and management departments, or engaging in deception when being inspected;
4) Failure to implement the provisions of the people's ** to limit the time of operation, or without approval, to carry out construction work that hinders the rest of residents in residential areas, cultural and educational areas, or recuperation areas at night;
5) The noise emitted by the use of vehicles exceeds the noise emission standards of motor vehicles;
6) The train passes through or enters the urban area, recuperation area, or scenic spot and uses the whistle.
Article 43 of the Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution stipulates that units and individuals that cause environmental noise pollution shall have the responsibility to eliminate the harm and compensate the organizations or individuals who have directly suffered damage. Disputes over liability and the amount of compensation may be handled by the environmental protection department at the request of the parties; The parties are dissatisfied with the disposition decision; A lawsuit may be filed in the people's court.
The parties may also file a lawsuit directly with the people's court.
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As a kind of noise pollution, community noise disturbance is an illegal act. When the owner encounters noise harassment from the bad neighbor, he can negotiate and solve the problem first; If the negotiation fails, you can complain to the property committee and urge the neighbors involved to rectify; If it is still invalid, it can be directly reported to the police or directly resolved through litigation. Reflect to the property and residents' committees, and the property will send someone to stop the ** person, or limit the time or prohibit entering.
[Legal Analysis].If the use of audio equipment may produce excessive noise that may interfere with the surrounding living environment, the regulations of the local public security organs must be complied with. Those who commit any of the following acts shall be given a warning by the public security organs and may be fined concurrently: the use of loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas; Violating the regulations of the local public security organs by organizing entertainment, gatherings, and other activities in public places such as streets, squares, and parks in urban areas, using audio equipment, and causing excessive noise that interferes with the surrounding living environment; Failure to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.
Disputes over liability and the amount of compensation may, at the request of the parties, be mediated and handled by the competent administrative department of environmental protection or other supervision and management departments and institutions for the prevention and control of environmental noise pollution; If mediation fails, the parties may file a lawsuit in the people's court. The parties may also file a lawsuit directly with the people's court. When any unit or individual uses all kinds of loudspeakers and audio equipment in concentrated areas of noise-sensitive buildings such as hospitals, schools, institutions, scientific research units, residences, etc., the volume shall be controlled and shall not produce noise that disturbs the people.
[Legal basis].Public Security Administration Punishment Law of the People's Republic of China》 Article 58 Whoever violates the laws and regulations on the prevention and control of noise pollution in social life by creating noise that interferes with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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The handling of noise nuisance in the community is as follows:
1. If the night construction disturbs the people, you can make the following ** complaints:
1) 12345 Citizen Services**;
2) Dial 110;
3) 12369 environmental protection**.
2. These ** can be reported as night construction noise disturbing the people. Pisou 12369 mainly accepts environmental pollution problems such as wastewater, waste gas, noise, and solid waste. When citizens find that there are such pollution incidents around them, they can call 110 City Linkage or 12369 Environmental Protection ** to complain;
There are many noise complaints received, but there are many types of noise, which are managed by different departments. When the public is not sure which department should manage the noise, they can call 110 City Linkage, which will transfer it to the relevant departments according to the type of noise complaint. How to complain about nuisance:
1) The noise of social life can be reported to the public security organ for processing, and the public security organ's method of judging whether it is noise is between 45 decibels and 55 decibels in residential areas, and when it exceeds this volume, it can be counted as noise nuisance. If the noise interferes with the normal life of others, a warning shall be given; if the warning is not corrected, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed;
2) The noise generated by night construction on the construction site, the production of enterprises and institutions, and the catering service industry can be complained to the environmental protection department;
3) The parties concerned may negotiate with the noise maker to deal with it, or they can report to the public security organ for handling, and the public security organ shall give the perpetrator an administrative penalty of warning and fine in accordance with the law. If it causes noise and environmental pollution, it can also be ordered to correct by the local people's ** ecological and environmental department at or above the county level, and can be fined.
Legal basis: Article 70 of the Law of the People's Republic of China on the Prevention and Control of Noise Pollution.
Grassroots mass autonomous organizations, owners' committees, and property service providers shall promptly dissuade and mediate the behavior of noise disturbance in social life in areas where noise-sensitive buildings are concentrated; If dissuasion or mediation fails, it may be reported or complained to the department responsible for the supervision and management of noise pollution prevention and control in social life or the department designated by the local people, and the department that receives the report or complaint shall handle it in accordance with law.
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Community noise nuisance treatment: 1If it is noise in daily life, you can contact the local public security department to complain.
2.If there is a disturbance caused by construction noise when people are resting at night, you need to contact the local environmental protection department to report it. 3.
If it is noise from street hawking, you can report it to the urban management department.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 1 This Law is enacted for the purpose of preventing and controlling environmental noise pollution, protecting and improving the living environment, safeguarding human health, and promoting economic and social development.
Article 61 Units and individuals that are harmed by environmental noise pollution have the right to request that the perpetrator eliminate the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; If mediation fails, the parties may file a lawsuit in the people's court. The parties may also file a lawsuit directly with the people's court.
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