Frequently Asked Questions (FAQ's)

 

Information on Solving Neighborhood Conflicts

 

 

Solving Neighborhood Conflicts:

 

 

Officers of the South Lake Tahoe Police Department are frequently called upon to resolve continuing neighborhood disputes. Parties often call the police because they are unaware of any other effective options to deal with their issue. Neighbors sometimes lodge criminal complaints against one another, not understanding there are other highly effective methods for dealing with the matter.  This handout will explain a very powerful tool that any person can use to resolve neighborhood conflicts.

 

The South Lake Tahoe Police Department operates with the philosophy of Community Oriented Policing.  This means the police and the public build partnerships together to address issues of community concern. Our Police Department seeks out ways to empower citizens with the means and methods to work together with us to find long term resolutions.  If you have a recurring neighborhood problem, then keep reading.  We think we can offer you a safe and effective option for arbitration which does not involve the criminal justice system at all.

 

Criminal Prosecution Can Be Difficult:

 

Traditionally, the police have issued citations, made physical arrests or written reports requesting criminal prosecution against the offending party of a neighborhood dispute.  Usually the officer wrote a report of the circumstances, and referred the case to the El Dorado County District Attorney’s office for a criminal filing. These criminal charges usually only achieve the threshold of a misdemeanor crime.  If the offender is present and the officer has the authority and ability to make a lawful arrest, or to accept a private person’s arrest, the offender is often issued a citation and released at the scene as required by law.  Rarely would such an offender actually be booked into the custody of the local jail. This usually runs counter to the expectation of a victim neighbor making a private-persons’ arrest of the offender. The office of the El Dorado County District Attorney maintains the authority to decline a criminal filing if the totality of the circumstances involved do not meet a host of criteria, which would indicate the probable result of a successful prosecution should they file a criminal charge.

 

Tort Law, A Viable Alternative:

 

If you find yourself in the unfortunate circumstance of becoming a party to a continuing neighborhood dispute, you may consider accessing tort law for solving this type of problem.  Tort laws are those which involve civil sanctions, as opposed to criminal penalties.  Tort law may well provide the fastest and longest-lasting remedy to a continuing neighborhood dispute.  Specifically, consider the tort commonly called Private Nuisance.

 

Private Nuisance:

 

A private nuisance exists when something caused by, or under the control of, a defendant substantially interferes with the use and enjoyment of plaintiff’s realty.  A plaintiff is one who may be referred to as the victim in criminal matters.  The defendant in a civil action is the equivalent to a suspect in criminal law.  The described interference must be objectively evaluated as substantial, and not a mere trifle or minimal single disturbance.

 

This kind of “interference” may be caused by sound, noxious odors, vibrations carried through the ground, etc.  As an example, assume that the plaintiff spoke with the defendant to request some reasonable accommodation to minimize the interference.  Also assume the defendant dismissed the request and continued to cause the problem.  This behavior could lead to enhanced damages (money) adjudged against the defendant in a civil suit, as the action of the defendant may be viewed as “intentional”.

 

Small Claims Court:

 

Private Nuisance cases may be heard in Small Claims Court.  Most Small Claims courts have a maximum limit of $5,000.00 per incident, which may be adjudged against a defendant.  There is no requirement for either party to be represented by an attorney in Small Claims Court.  Unlike criminal issues, Small Claims Court will hear tort issues and impose final and binding decisions upon the involved parties immediately. To file a case, a plaintiff (the affected neighbor bringing the action) proceeds to the local court and requests assistance from a court clerk.  There will be a reasonable filing fee at the time of filing.  In the pleadings, the plaintiff articulates the dates, times, and occurrences that warrant this action to be heard.  Any police report, or other documentation that may exist, which demonstrates that the police have been called to the disturbance, has great value and should be included into your filed court documents.

 

Multiple Plaintiffs:

 

If the problem behavior of the defendant affects several neighbors, substantially interfering with the use and enjoyment of their realty, each neighbor may file an independent claim; each one with a $5,000.00 damage limit.  The court may combine them all in one proceeding, or accept them separately.  Certainly this has a chilling affect upon a defendant.  We are talking dollars assessed against the defendant!  This typically creates far more concern by the defendant than is usually instilled by a police contact focused upon marginal criminal behavior. 

 

While each claim heard by Small Claims Court usually involves a $5,000.00 damage limit, one cannot automatically reach that ceiling.  One must be able to demonstrate their specific damages were of such a magnitude that the awarding of a dollar figure by the court is reasonable and warranted.  No specific damages are automatically presumed. However, if a plaintiff argues a compelling case of interference, it is likely the judge will grant some monetary judgment against the defendant.

 

Dispute Resolution Options:

 

After filing a civil suit (as in the referenced small-claims action), parties may request the judge to order a conference with the Dispute Resolution Officer.  The judge maintains the authority to order this alternative when he/she feels appropriate.  Steven Keller is the Dispute Resolution Officer for the El Dorado County Court in South Lake Tahoe.  A judge will often order parties to meet with the Dispute Resolution Officer in cases such as on-going neighborhood grievances, unlawful detainers, harassment cases and several types of small claims issues.  If mediation is possible through this option, it may prevent a heavy monetary penalty for the defendant while resulting in a satisfactory outcome for the plaintiff.

 

The Legal Services of Northern California has set up a Pro Per (free of charge) conflict resolution program using monies from the “Access to Justice Grant Fund”.  The El Dorado County Court has access to this program.  This will provide conflict resolutions regarding any civil matter, including on-going neighborhood disputes.  This service may be provided without any cost to those who meet certain income, age and/or disability requirements. Eligible consumers will not be given individual representation, but will be assisted in the processing of their own claims. For information regarding this program, and the qualifications for eligibility, call 1-800-660-6107.

 

Citizen Empowerment:

 

This process gives victims an effective and substantial tool to use in their own behalf.  In many cases victims feel they can do nothing more after referring such matters to the police.  Accessing the civil court may facilitate a feeling of being in control for victims embroiled in such disputes. This legal remedy may provide a viable alternative to merely reporting a complaint to the police department.  This allows citizens of South Lake Tahoe to work together in a partnership with their police department in order to ensure a fair and lasting resolution to continuing neighborhood disputes.

 

<<Back