neighbor says that we are polluting the air with our burning

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neighbor says that we are polluting the air with our burning

Postby Wilberforce » Tue Apr 10, 2012 9:21 pm

My neighbor says that we are polluting the air with our burning

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My neighbor says that we are polluting the air with our burning wood in our fireplace. She has called our landlord, and the Monterey Air Pollution agency. The MAP sent us a letter informing us of her call, and measures to take so as that we aren't polluting the air. I have followed up with a return call, watched the video, and we are in compliance.

We have recently had our fireplace cleaned, and burn only seasoned wood. There IS some smoke coming from the chiminey, but not excessive. She is constantly calling our landlord to the point that they are now becoming upset, and SO ARE WE. What can we do?
Submitted: 5 hours ago.
Category: Real Estate Law
Status: CLOSED
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State/Country relating to Question: California

Already Tried:
Only burning a " light " fire with seasoned wood when it is cold and raining.
___________

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Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

I am sorry for your situation. The fact is that MAP is not interested - they have sent you a notice - they assume that you are in compliance and you are. The authorities are not going to make a criminal matter out of this because you are under compliance with state law and local ordinance. Period.

If this does not please her, too bad. While you cannot do anything unless she maliciously files a criminal complaint (complaining to the landlord is not a crime or a tort, i.e., civil action), individuals in your situation may wish to have an attorney send her a "cease and desist" letter, threatening to file against her for nuisance and defamation. While this is mostly bluff (because her actions at the moment lack the requisite elements for such causes of action), hopefully it will scare her enough into complying.

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Answered: 4/10/2012

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• The Surgeon General has determined that there is no safe level of exposure to ambient smoke!

• If you smell even a subtle odor of smoke, you are being exposed to poisonous and carcinogenic chemical compounds!

• Even a brief exposure to smoke raises blood pressure, (no matter what your state of health) and can cause blood clotting, stroke, or heart attack in vulnerable people. Even children experience elevated blood pressure when exposed to smoke!

• Since smoke drastically weakens the lungs' immune system, avoiding smoke is one of the best ways to prevent colds, flu, bronchitis, or risk of an even more serious respiratory illness, such as pneumonia or tuberculosis! Does your child have the flu? Chances are they have been exposed to ambient smoke!
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Wilberforce
 
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Re: neighbor says that we are polluting the air with our burning

Postby Wilberforce » Tue Apr 10, 2012 9:23 pm

Let me get this straight: Neighbor A is knowingly POISONING neighbor B with WOOD SMOKE POISON, and the burner's lawyer threatens to put a cease-and-desist on the (rightfully) compaining victim of the poisoning? Am I reading this right?
• The Surgeon General has determined that there is no safe level of exposure to ambient smoke!

• If you smell even a subtle odor of smoke, you are being exposed to poisonous and carcinogenic chemical compounds!

• Even a brief exposure to smoke raises blood pressure, (no matter what your state of health) and can cause blood clotting, stroke, or heart attack in vulnerable people. Even children experience elevated blood pressure when exposed to smoke!

• Since smoke drastically weakens the lungs' immune system, avoiding smoke is one of the best ways to prevent colds, flu, bronchitis, or risk of an even more serious respiratory illness, such as pneumonia or tuberculosis! Does your child have the flu? Chances are they have been exposed to ambient smoke!
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Wilberforce
 
Posts: 6106
Joined: Wed Jul 25, 2007 11:36 pm
Location: USA


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