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Between 10 p.m. and 6 a.m., it is considered a nuisance to the people, and it can be dealt with by the police, and if it causes environmental noise pollution, the public security organs.
Where corrections are ordered, a fine may be imposed concurrently. The decision of the people at or above the provincial level shall be made by the local people at or above the county level in accordance with the law.
Where the competent departments for ecology and the environment exercise the administrative punishment power provided for in the preceding paragraph, follow their decision.
1. You can complain to the urban management law enforcement department and the environmental protection department to disturb the people with oil smoke and noise.
the circumstances of the request for processing;
2. For the downstairs owner to change the nature of the house without authorization, you can complain to the planning department and ask for rectification;
3. For the behavior of operating without obtaining a business license, you can complain to the industrial and commercial department and ask for a ban;
4. For the infringement of residents' neighboring rights due to noise, oil smoke and other behaviors.
You can directly file a lawsuit in court to demand corresponding economic compensation.
Article 61 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution stipulates:
Units and individuals who are harmed by environmental noise pollution have the right to request that the perpetrator remove the harm; where losses are caused, compensation shall be made in accordance with law. 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 the public encounters noise disturbance and other things, they can call the police on 110, and the police will rush to the scene to warn the perpetrator, and if they still do not correct after the warning, they will be in accordance with the "Public Security Administration Punishment Law".
penalties of $200 to $500.
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Whether you can open a restaurant downstairs in a residential building is not explicitly prohibited in the national law, but in some places have legislated to prohibit new catering projects in residential buildings, I don't know if you are **, you can ask your local environmental protection department for details.
There are several methods you can take, before the lawsuit you first have to find out whether the hotel has a formal business license, health permit and other procedures, first determine whether it has business qualifications, if its business qualifications are not available, you can directly report to the industrial and commercial department to request the banning of the store.
If the store has an industrial and commercial business license, you can still complain to the environmental protection department about its noise and exhaust gas pollution, and the environmental protection department can monitor its noise and require it to install oil fume purification devices and emission pipes, which can also solve some problems.
Of course, you can also file a lawsuit at the same time as the complaint, and the hotel has the burden of proof to prove that it is disturbing the people. As for how many chances of winning, since you are not familiar with the situation of the store, the specific situation has to be analyzed in detail, so it is difficult to say.
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Closure may not be large, but it can require moderation.
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Hello! Subject.
Urban management law enforcement. If the hotel refuses to make rectifications, or the rectification is not in place, then you can report to the neighborhood office and let the neighborhood office come forward to deal with it, and the neighborhood office will arrange for someone from the urban management team to come forward and issue a rectification notice to the hotel within a time limit according to the hotel's violations. If the rectification is not in place, the punishment will be further increased, and it may even be possible to suspend the hotel for rectification.
Because it is a problem left over from history, the hotel that has been opened has a certificate, but also to do the problem of oil smoke, the flue directly leads to the top without affecting the location of residents, and the noise is not only replaced by replacing the equipment, but also installing sound insulation devices to reduce noise and disturb the people.
Rectification of the flue of the hotel.
Therefore, the general smart boss will think of rectification in place and qualified, otherwise he will smash his own business and cut off his financial route.
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1. You can complain to the urban management law enforcement department and the environmental protection department, and ask for treatment of the situation of oil smoke and noise disturbing the people;
2. For the downstairs owner to change the nature of the house without authorization, you can complain to the planning department and ask for rectification;
3. For the behavior of operating without obtaining a business license, you can complain to the industrial and commercial department and ask for a ban;
4. For acts that infringe on residents' neighboring rights due to noise, oil smoke and other behaviors, they can directly file a lawsuit in the court to demand corresponding economic compensation.
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Downstairs the restaurant fumes and noisy noise, you should go to the property, through the property to improve the environment, if the property still can not work well, then you should pick up the law of the **, now environmental protection has laws to protect your own vital interests.
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You can call ** to report him, or you can go below to discuss with him and ask him to change to a less noisy range hood.
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If the fumes and noise of the restaurant downstairs disturb the people, you can go to the local environmental protection department to complain and they will deal with it.
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If the smoke and noise of the restaurant downstairs are very disturbing, then you can call the police and call 10 to let the police deal with it.
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Distant relatives are not as close as coming, first of all, you have to know the reason, communicate with the owner with emotion, and hope that it will be corrected, otherwise, go to the Ministry of Environmental Protection to complain, protect your legitimate rights and interests, I hope it will help you.
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If the noise of the restaurant downstairs disturbs the people, you can directly complain to the urban management department, and the urban management team will rectify the sanitation and noise pollution.
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The smoke and noise of the restaurant downstairs disturb the people, so you can this should not be changed unless you close the windows.
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It is recommended to report the situation to the property management company to which the hotel belongs, or to submit complaint materials through the urban management officer of the community committee.
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In such a situation, you should go to the property to reflect it, and let the property negotiate such a thing with them.
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1. What should I do if the noise of the restaurant opened downstairs by the residents disturbs the people?
1. The methods for dealing with the noise disturbance of the restaurant opened downstairs by the residents are as follows:
1) You can report to the local neighborhood committee or the community property company, and let the property company come forward to coordinate and solve the problem;
2) The owner can also file a complaint with the environmental protection department on his own;
3) Noise disturbance can be reported to the public security organ or relevant departments.
2. Legal basis: Legal basis: Article 29 of the Law of the People's Republic of China on the Prevention and Control of Noise Pollution.
The competent department of ecology and environment and other departments responsible for the supervision and management of noise pollution prevention and control shall have the right to conduct on-site inspections of units or sites that emit noise. The person being inspected shall truthfully report the situation and provide necessary materials, and must not refuse or obstruct. The departments and personnel carrying out the inspections shall keep confidential the commercial secrets learned during the on-site inspections.
Inspectors conducting on-site inspections must not be less than two, and shall take the initiative to present their law enforcement credentials.
Article 30. Where the emission of noise causes serious pollution, and the person is ordered to make corrections and refuses to make corrections, the competent department of ecology and environment or other departments responsible for the supervision and management of noise pollution prevention and control may seal up or seize the places, facilities, equipment, tools and articles that emit noise.
2. What is the noise standard for construction at night?
1. The noise in residential areas should not exceed 50 decibels during the day and 45 decibels at night.
2. The noise standard at night in quiet residential areas is set at 35db.
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Summary. Hello, it's a pleasure to answer for you. The methods for dealing with the noise disturbance of the downstairs hotel are as follows: 1. You can file a complaint with the industrial and commercial department or the public security organ; 2. If the negotiation fails, you can only sue the court because it violates the neighboring rights.
What can be done about the noisy restaurant downstairs to disturb the people.
Hello, it's a pleasure to answer for you. The methods for dealing with the noise disturbance of the downstairs hotel are as follows: 1. You can file a complaint with the industrial and commercial department or the public security organ; 2. If the negotiation fails, you can only sue the court because it violates the neighboring rights.
The standards for noise disturbance are as follows: 1. Recuperation area, high-end villa area, high-end hotel area, 50db during the day and 40db at night; 2. In areas dominated by residential, cultural and educational institutions, 55db during the day and 45db at night; 3. Residential, commercial and industrial mixed areas, 60db during the day and 50db at night; 4. Industrial zone, 65db during the day and 55db at night; 5. The areas on both sides of the road traffic arteries, inland waterways, and main and secondary railway trunk lines in the city are 70db during the day and 55db at night.
The types of noise are as follows: 1. Noise in commercial places, typical sound sources include noise generated by sound reinforcement equipment and amusement facilities used in commercial cultural and entertainment venues and commercial business activities; 2. Noise in public activity places, typical sound sources include broadcasting, audio and other noise; 3. Other common noises, typical sound sources include noise from decoration construction, kitchen and bathroom equipment, and living activities. In short, the noise of the downstairs restaurant disturbs the people, and you can file a complaint with the industrial and commercial department or the public security organ, and file a lawsuit with the court.
General noise includes noise from business premises, noise from public activity venues and other common noises, and the standards for noise disturbance are different according to different locations.
Legal basis: Article 9 of the Law of the People's Republic of China on the Prevention and Control of Noise Pollution All units and individuals have the obligation to protect the sound environment, and at the same time enjoy the right to obtain sound environment information, participate in and supervise the prevention and control of noise pollution in accordance with the law. Units and individuals emitting noise shall take effective measures to prevent and reduce noise pollution.
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If the restaurant downstairs is noisy and disturbs the people, you can complain to the Urban Management Law Enforcement Bureau or report to the police to deal with it. Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise that interferes with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repairs, emergency operations, and continuous operations that must be carried out due to production process requirements or special needs.
If it is necessary to operate continuously due to special needs, it must be certified by the people at or above the county level or its relevant competent departments.
Interior decoration activities in residential buildings that have been completed and delivered for use shall limit the operation time and take other effective measures to reduce and avoid environmental noise pollution to the surrounding residents. Legal basis: Article 58 of the "Public Security Administration Punishment Law", if the law on the prevention and control of noise pollution in social life is violated, and noise is created to interfere with the normal life of others, a warning shall be given; If corrections are not made after a warning, a fine of between 200 and 501 yuan shall be imposed.
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Legal analysis: When residents complain about the surrounding noise, the complaint reception center of the city will transfer the complaints to the relevant competent departments according to their responsibilities according to the type of noise, and the relevant departments will investigate and deal with the noise according to their job responsibilities.
Legal basis: "Law on the Prevention and Control of Environmental Noise Pollution" Article 58 Anyone who violates the provisions of this Law by committing any of the following acts shall be given a warning by the public security organ and may be fined concurrently: (1) The use of loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas; (2) Violating the provisions 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; (3) Failing 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.
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Legal analysis: If the loud noise of the downstairs hotel has reached the level of disturbance to the people, you can complain to the local urban management law enforcement department or the environmental protection department, and if the relevant departments find out that the incident has indeed reached the level of disturbance to the people, they will be given a warning, and if the hotel is still not corrected after being warned, it will be directly fined between 200 yuan and 500 yuan.
Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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.
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Legal analysis: You can complain to the local urban management law enforcement department, or the environmental protection department, and if the relevant department finds out that the incident does reach the level of disturbance to the people, it will be given a warning, and if the hotel still does not correct it after being warned, it will be directly fined between 200 yuan and 500 yuan.
Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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.
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Downstairs restaurant oil.
The smoke noise disturbs the people.
from other noises to Beijing.
City, for example, can call 96310 to complain.
Chengguan**" 96310 is a comprehensive ** set up by the Beijing Municipal Urban Management Comprehensive Administrative Law Enforcement Bureau to accept reports, complaints, consultations and suggestions from the public, which was officially opened on January 18, 2001.
The main responsibilities of 96310 are to accept reports from the public on illegal acts involving the functions of urban management, to accept complaints about the violation of discipline by urban management team members, to consult on general and simple issues related to urban management, and to collect opinions and suggestions from all walks of life on urban management work.
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There are copies of statutes and ordinances downstairs for residents.
If you can't open a hotel, first complain to the 12345 Environmental Protection Bureau, the Market Supervision Bureau, and you will sue the competent department directly to the court, you can sue the hotel You can also sue the Environmental Protection Bureau through the Market Supervision Bureau (take the administrative lawsuit, because the Air Pollution Prevention and Control Law is issued by the environmental protection department, Article 81 has provisions prohibiting new construction, reconstruction, and expansion in residential buildings, commercial and residential complexes that are not equipped with special flues, and commercial and residential buildings adjacent to the residential floors to produce oil fumes, odors, Exhaust gases for food service projects. )
There are also several rules and regulations that you can use.
Environmental Protection Standard HJ 554-2010
Article 423.
The horizontal distance between the boundary of the newly built catering business unit that produces oil smoke and the boundary of the environmentally sensitive target shall not be less than 9m, Article 622.
The distance between the fume discharge port and the sensitive target of the surrounding environment after oil fume purification should not be less than 20m;
Article 623.
When the height of the building where the catering unit is located is less than or equal to 15m, the fume discharge outlet should be higher than the roof; When the height of the building is greater than 15, the height of the fume discharge port should be greater than 15m
Code for the design of catering buildings Standard No.: JGJ 64-1989 Article 334 The indoor clear height of the kitchen and catering room shall not be less than 3m. Hope it helps.
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