Officer: 'Unlucky with neighbor' as couple's nightly rows torment residents
The owners of apartments near the brawling couple are already thinking about moving.
Residents of a five-story building in the Metallurgichesky District of Chelyabinsk have forgotten about peaceful sleep for the past six months. As night falls, a neighbor and his girlfriend become active and start loudly arguing. The quarrels often reach a boiling point right in the stairwell and only subside with the sound of the first alarm clocks. The residents say they cannot cope with the noisy pair — calls to the police yield no results, and the neighbor has not even been fined once. We spoke with an expert about the chances of success in such situations and asked the police questions.
«When he lived alone, it was more or less okay.»
The apartment in a Khrushchyovka (a type of Soviet-era apartment building) at 23 50-letiya VLKSM Street has gained a bad reputation. For six months, the owner«s son and his girlfriend have been living there. The neighbors believe the constant nighttime brawls are a result of drug use.
«When he lived alone, it was more or less okay. He was even placed in a treatment facility for a long time, and there were almost no problems. He even went to the special military operation (SMO) at one point but returned after being wounded. Then he found a cohabitant — and it began. They don»t work anywhere, sleep during the day, and start screaming at night. They only leave the house to pick up a drug stash near the entrance or bring someone over for a drinking session,« says one of the residents of the five-story building.
The neighbors say they keep a detailed diary of the violations in the troubled apartment, recording the noise in photos and videos to present to the police later. But so far, their efforts have not even led to a report being filed for violating the noise ordinance.
«Police calls are ineffective — the violators don»t open the door. The local police officer said: «You»ve got unlucky with your neighbor.« And the brawler also says that his own brother works in the police, so nothing will happen to him. And so far, that»s been confirmed: we«ve encountered a code of silence in the law enforcement agencies, our collective complaints to the prosecutor»s office have been rejected. This is a story of how the system protects «its own,» ignoring dozens of law-abiding citizens,« the neighbors of the noisy couple expressed their version.
Some, after six months of sleepless nights, are seriously considering moving. But not everyone can afford it. For example, above the couple lives a young woman who bought her apartment with a mortgage and has 20 years left to pay on the loan.
«Lack of an incident»
The residents of the five-story building showed two refusals to initiate administrative proceedings from the Ministry of Internal Affairs (MVD) — the first document is dated 8 October last year, the second — 19 December. Each time, the Metallurgichesky police department conducted a check on the complaint about noisy neighbors, but no punishment followed — reports were not drawn up «due to the absence of an administrative offense.»
After the refusals, people went to the prosecutor«s office, but there they only affirmed the legality of the police decisions.
«The study of the specified inspection materials showed that there are no grounds for taking prosecutorial response measures, including filing a protest,» the prosecutor«s office of the Metallurgichesky District responded to the applicants.
The press service of the Chelyabinsk City Police Department (UMVD) confirmed the existence of complaints about the noisy neighbor. The reason for refusing to initiate administrative proceedings could be the inability to question the alleged violator or having only one witness to the violation.
«To draw up a report, it is necessary that several neighbors confirm the presence of noise or music,» summarized the city police.
«Gradually, this situation can be broken through»
The head of the legal company «Forlex,» Nikolai Popov, in a conversation with 74.RU, called the problem of noisy neighbors «very difficult» in terms of practical resolution.
«There are people whom fines don»t particularly harm. Because if they have no official income, the fine can accumulate, they won«t pay it, and they will continue to make noise, if we are talking about specific marginalized individuals,» explains the expert. «What to do in this case? Still go to the police with a set of evidence: photos, videos, audio, with dates and times. Take on the task of installing a video surveillance system in the stairwell. If the police are inactive, appeal to the prosecutor»s office. Gradually, this situation can be broken through.«
Nikolai Popov reminds that there is successful judicial practice for evicting noisy neighbors, but only if commercial activity is conducted on the premises, for example, a vocal or music school. But with people living in an apartment, court decisions will not work, he is convinced.
We have already examined in detail how to deal with noisy neighbors.
When you can make noise and when you cannot
The so-called noise law adopted in Chelyabinsk Oblast provides answers to these questions. It states that on weekdays, you cannot make noise from 10:00 p.m. to 6:00 a.m., and on weekends — from 11:00 p.m. to 8:00 a.m. New Year«s Eve is an exception.
At other times, you can make noise, but you still need to know the limit. How loud it can be around is determined by the «Sanitary and Epidemiological Requirements for Residential Buildings and Premises.» This document states that permissible noise levels from 7:00 a.m. to 11:00 p.m. in apartments should not exceed 55 dB, in adjacent areas — 70 dB, and from 11:00 p.m. to 7:00 a.m. — in apartments — 45 dB, on the street — 60 dB.
Violators of the noise law face a monetary penalty. If a neighbor is making noise, they can be fined from 1,000 to 5,000 rubles (approximately $11 to $55 at current rates), for officials the amounts range from 5,000 to 25,000 rubles (approximately $55 to $275), and for legal entities from 10,000 to 100,000 rubles (approximately $110 to $1,100).
Where to complain
Representatives of management companies and the housing and communal services have the right to conduct preventive conversations with noise violators. If you have municipal housing, the housing department of the Property Management Committee in your district can help. A persistent violator can even be evicted.
The above methods don«t help? Call the local police officer. He will remind your neighbors of the rules of residence and the inadmissibility of drinking alcohol in public places. Moreover, the police officer is obliged to draw up a report, based on which the violators will be fined.
