kimanjome Posted April 28, 2018 Report Share Posted April 28, 2018 Looking for a referral for a lawyer--whether it be notario, abogado, or licensia--who can file a lawsuit or pursue legal action regarding violation of federal law, that is, non-compliance with the noise ordinance. In other words, civil litigation. Thanks. Link to comment Share on other sites More sharing options...
Willie Posted April 28, 2018 Report Share Posted April 28, 2018 Spencer McMullen Link to comment Share on other sites More sharing options...
sue Posted April 28, 2018 Report Share Posted April 28, 2018 Jorge Avelar 333-137-5610 Link to comment Share on other sites More sharing options...
Mainecoons Posted April 28, 2018 Report Share Posted April 28, 2018 Tell us more about the problem. You do know our municipal government at this time could care less about the noise law? They are quite happy to hand out permits for mega-amplified concerts, bars with loud music next to peoples' homes, etc. Whatever puts money in their pockets. My guess is any competent attorney will advise you not to waste your time and money. Link to comment Share on other sites More sharing options...
ned small Posted April 28, 2018 Report Share Posted April 28, 2018 1 hour ago, sue said: Jorge Avelar 333-137-5610 Really? Does he actually have an attorney's cedula now to practice as a lawyer? Link to comment Share on other sites More sharing options...
kimanjome Posted April 28, 2018 Author Report Share Posted April 28, 2018 3 hours ago, Mainecoons said: Tell us more about the problem. You do know our municipal government at this time could care less about the noise law? They are quite happy to hand out permits for mega-amplified concerts, bars with loud music next to peoples' homes, etc. Whatever puts money in their pockets. My guess is any competent attorney will advise you not to waste your time and money. I have been told that is changing. The reason why so little is done, when there are violations, is that most Mexicans don't have the deep pockets to pursue litigation; gringos sell their homes (at a loss) or move to another place like SMA, which is far better regulated. I am not yet ready to do that: if I have to spend several zeros in legal bills, it's cheaper than moving. I have been told by a new business owner here who recently went through the process of obtaining a permit on the perimeter of a residential area that he DID have to read through a long series of documents regarding obeying the strict federal noise laws, he was advised of the decibel level, and he had to agree to abide. He was informed that there is an enforcer (in Chapala) who can, and will, if contacted, visit his new establishment if there are complaints from the neighbors. He was even given the name and number of the enforcer in case he should personally have a complaint! This is a law-abiding new business owner who wants the neighborhood goodwill and is very concerned about doing the right thing. Furthermore, this business owner had to receive approval from the neighbors in order to change the usage of the property. This, too, is supposedly a semi-recent development. The situation is in San Antonio, I have written about it elsewhere. The new owner(s) have been advised multiple times by multiple sources that the volume is far too high and exceeds federal limits. I have been told (government official) if the new owner(s) continue to avoid compliance then a legal case is justified, as there may have been other violations, also. I am really hoping the new owner wants to comply and avoid costly litigation, but we shall see. Link to comment Share on other sites More sharing options...
Mainecoons Posted April 28, 2018 Report Share Posted April 28, 2018 Well if you are able to make progress it will be of very great interest here and I hope you will keep us updated. You should not have to bring your own legal action, however, as if they are really enforcing the code, complaints by you and neighbors should result in action by the municipality. If you are being told the burden is on you to bring legal action I would be wary that you are getting the old runaround. I'd start by consulting Spencer as he is intimately familiar with local and state law regarding this matter. Link to comment Share on other sites More sharing options...
pappysmarket Posted April 28, 2018 Report Share Posted April 28, 2018 First, best of luck to you. Second, newbies are often full of spit and vinegar so go get "em. Others who have been around for awhile understand how things often work in Mexico. Say, for example, asking the cop to please pay your traffic ticket for you to save you the hassle. That might even apply to a business owner who is about to get a citation for exceeding the noise limit, who knows. I don't but I know enough people who have invested money in legal proceedings to have made my own decision that I will not be a party to that in Mexico. Again, best of luck to you and keep us informed as to progress, not just what you have on a piece of paper, but actual reductions in decibel levels and hours of operation. If successful I'm sure MC will be interested. Link to comment Share on other sites More sharing options...
HarryB Posted April 28, 2018 Report Share Posted April 28, 2018 FYI the owners at Eldorado just won their case against a rich, well connected developer----it can happen Link to comment Share on other sites More sharing options...
Islander Posted April 28, 2018 Report Share Posted April 28, 2018 8 hours ago, kimanjome said: Looking for a referral for a lawyer--whether it be notario, abogado, or licensia--who can file a lawsuit or pursue legal action regarding violation of federal law, that is, non-compliance with the noise ordinance. In other words, civil litigation. Thanks. Oh Kimanjome, be very careful . Do not go in the dispute alone. Sure, go ahead but as a neighbourhood, not as an individual and be prepared for disappointment. Mexicans love big loud venues. One has to be careful not to buy a house close to one of the many "eventos" Link to comment Share on other sites More sharing options...
pappysmarket Posted April 28, 2018 Report Share Posted April 28, 2018 3 minutes ago, HarryB said: FYI the owners at Eldorado just won their case against a rich, well connected developer----it can happen So you're saying our friends who live there should be very happy? That all is now well? Happy Days are here again? Or are you just referring to a piece of paper? Link to comment Share on other sites More sharing options...
Mainecoons Posted April 28, 2018 Report Share Posted April 28, 2018 1 hour ago, HarryB said: FYI the owners at Eldorado just won their case against a rich, well connected developer----it can happen Yes but that was a private suit against the developer. What is being discussed here is compelling enforcement of noise and other laws, supposedly the responsibility of the municipio. In the event they fail that responsibility, would not the remedy be to file a denuncia against the municipio? In any event my suggestion to the OP is to wait until after the election. It's really not your job to have to file civil suits to compel enforcement of government noise regulations. If there is a change you might have better luck getting enforcement. Not much going to happen for the next several months most likely. Link to comment Share on other sites More sharing options...
Mainecoons Posted April 28, 2018 Report Share Posted April 28, 2018 26 minutes ago, pappysmarket said: So you're saying our friends who live there should be very happy? That all is now well? Happy Days are here again? Or are you just referring to a piece of paper? What I've read is it isn't done being litigated. Link to comment Share on other sites More sharing options...
pappysmarket Posted April 28, 2018 Report Share Posted April 28, 2018 13 minutes ago, Mainecoons said: What I've read is it isn't done being litigated. Yeah and I already knew the answers to 1-3: NO! Link to comment Share on other sites More sharing options...
kimanjome Posted April 28, 2018 Author Report Share Posted April 28, 2018 No, it's not an evento--I live a block from an evento and I have experienced them and the noise isn't as loud as what is coming from the particular venue (non-Mexican owned) of which I speak. One of my initial ideas, and I am being blunt here, was to assume that the owner is already being cited and paying off the citations. So I thought, why not pay someone to cite the owner? It might work better than paying a lawyer! And Mainecoons, you're right about the elections. I am not a newbie to Mexico, just a newbie to this area. So much potential for Lakeside, but there are some kinks in the local government that impede those more progressive souls who truly care about the betterment of the community. They are out there, as I walk around San Antonio (which in my mind is doing the best it can with what little it has) and I speak conversational Spanish with the locals, I hear with pride, enthusiasm, hope, and the desire for positive change. Link to comment Share on other sites More sharing options...
ComputerGuy Posted April 28, 2018 Report Share Posted April 28, 2018 Some kids opened a dog "training" school next to me. For a year, I have listened to howling, whining, yipping, and Spanish commands of "NO!", along with the daily pack of 12 to 15 or so excited or scared barking dogs, four times a day. The howling would extend well into the night. Most certainly they were not allowed to operate in this Riberas neighbourhood. Last week they moved. End of story. Except of course the place seems to have been inherited by party animals. I am reminded to be careful what I wish for. Link to comment Share on other sites More sharing options...
kimanjome Posted April 28, 2018 Author Report Share Posted April 28, 2018 ComputerGuy, I hear you. Before buying a house "in the village" hubby and I talked about buying in a deed-restricted area, having done so more than once in the past. I was reminded of the same issues we faced before, and why we didnt want to do it again. We knew we were taking a chance, and we expected noise--that's Mexico. Births, deaths, quinces, bodas, religious celebrations-- life's rituals. Music to make the job bearable when it's sweltering hot and you're laying bricks to put food on the table, yes. It's the selfish, greedy operators who give everyone in the community the middle finger for the sake of a quick peso--those are the people who I'm talking about. They know they're harming others, they've heard the complaints, but they don't give a ___. Karma comes back to bite them, and as a good Mexican friend (he's a loan enforcer, to put it nicely) here told me, "we Mexicans have a lot of patience, but when we've had enough, we let you know it." Link to comment Share on other sites More sharing options...
pappysmarket Posted April 28, 2018 Report Share Posted April 28, 2018 Sounds like you need to engage the services of your Mexican friend. Case closed, forget the lawyer. Oh, and probably fewer zeros. Link to comment Share on other sites More sharing options...
Tiny Posted April 29, 2018 Report Share Posted April 29, 2018 23 hours ago, kimanjome said: Births, deaths, quinces, bodas, religious celebrations-- life's rituals. Add another to the list. Brother-in-law's 1st anniversary of starting a new a business. 😀 Link to comment Share on other sites More sharing options...
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