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Posted by phflea on September 20, 2002 at 19:46:23:

In Reply to: Barking Dog issues posted by mshepard1 on September 07, 2002 at 15:25:48:

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:Prior to moving into the home we purchased a short 4 months ago, we discussed the potential for control of the barking dogs to the rear with their owners. We made a special trip to talk to them, and at that time, they stated that they were very willing to work with us, if the dogs became a problem. We bought the house and moved in. The dog starts barking the moment he is let out of the house, and they leave for work. The dog then barks frequently throughout the day, and for periods of 20-30 mins at a time.

:For a time, we chose not to approach the neighbors, hoping that they would control them. Then about the time (three weeks after we moved in..) that we decided to to talk to them, their home was flooded and we chose not to add to their stress by approaching them about it. And, they had workers there all of the time, which naturally exacerbated the barking. But, we tried to be understanding about it, until the timing was right.

:Now, the house and yard are repaired (6 weeks after the floods), and the dogs continue to bark. So, after missing them in person on several occasions, I wrote them a very nice note, informing them that their dogs, once they let them out in the early am, and leave for work, bark almost continuously and disturb us, and other neighbors. I offered that we would be patient with the situation, for awhile, if they were able and willing to indicate that they were making the attempt to control the barking dog. I also told them that I realized that other neighbors have complained, and have, in fact spoken to them. But, those neighbors have given up. I also said that it would be difficult, if not impossible for us to sell the house, with their animals being a nuisance.

:The following day I got a note on my door indicating a "nose-thumb". Now, I am not sure what to do. I prefer not to get into a squabble with my neighbors, however, I cannot live with their barking dog. They are ignoring the fact that the dog IS a disturbance, and telling us that we should have been more aware that we were moving into a neighborhood with "animals and children" , and that that is the cause of our annoyance. It isn't. We don't hear ANY other dogs, except after their dog gets them wound up. We don't hear the children as they pass on their way to/from school, and most certainly are not nasty neighbors, yet.

:They made a special trip to our new home, when we moved in, to welcome us to the neighborhood, and again gestured that they would control the dog should it become a nuisance. What we were not aware of, is that, according to other neighbors, the Police Dept. has been called in more than once on this situation, as a nuisance animal, and the a complaint was filed at the HOA, but no action was taken. Instead the owners moved.

:I also know that, should I decide to sell this house, now I would #1 - have a difficult time due to the barking dog, and would be required to reveal it, and #2 - lose about $15K because of realtors' fees. And, I like my home, sans the barking dog. I've only been here 4 months. And, the other neighbors are delightful. But, none of us can use our yard, when the dog is outside, because he barks non-stop.

:What I am seeing is legal precedent, as I do not believe that these are reasonable people, who are willing to work with me on this, in spoite of their gestures. I know that CA has all sorts of laws and codes regarding nuisance animals, and barking dogs. But, I live in TX.

:Any advice would be greatly appreciated.

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Since you took the best approach so far, and have addressed this very nicely to your neighbors who in no way seem to care. My advice would be to keep calling the police and the local animal control. They will come, and will do something once they get sick of you calling....lolol Also, check to see if this dog is provided shelter and water during the day...if not that is grounds for getting in trouble.

Best of Luck

PHFlea

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