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Homeowner enraged after neighbor's daily cooking fills home with smoke: 'It's something I've never had to deal with before'

"There can be pretty hefty penalties for not complying on a notice of a violation."

"There can be pretty hefty penalties for not complying on a notice of a violation."

Photo Credit: iStock

Living in a community means navigating situations that could cause friction among people. One homeowner realized this after a new restaurant that prepares food with firewood smoke for 12-14 hours a day moved in next door. 

"Currently, my house is constantly sealed, or the smell of smoke will seep into everything. When it was open, the smell is overwhelming and the room becomes noticeably hazy," the homeowner posted in the Reddit community r/LegalAdvice. "I can't be outside to enjoy my own property without getting a migraine, and my eyes are swelling," they continued.

The homeowner also mentioned that they tried discussing the issue with the business owner, but he refused to acknowledge it.

"It's something I've never had to deal with before, so I'm not sure if I even have a valid complaint," the homeowner explained. They are concerned that long-term smoke exposure will cause problems for their property and their health. 

Community turmoil — sprouting from endeavors from neighbors or businesses — is a factor that most homeowners run into. From burning vegetation to cutting down trees, differences in environmentalism can create tense and uncomfortable atmospheres.

In this case, the Redditor is living in smoke that likely creates dangerously hazardous air quality, so it is understandable they would be worried about potential negative health effects.

In many situations, matters like these can be resolved thanks to property laws that outline regulations in order to create a comfortable and safe environment for all. These rules are not just in place to support collectivism in neighborhoods but also to create a happy and functioning ecosystem among the broader community and wildlife.

"This could easily be considered a violation of Cincinnati's Environmental Code," said one Redditor who offered legal advice. "There can be pretty hefty penalties for not complying on a notice of a violation."

Another suggested reading about the local "quiet enjoyment" statutes, which allow property owners to "have the right to the quiet enjoyment of their property" without interference from others. 

While difficulties with neighbors may seem confrontational and complex, there are always laws and tips for navigating them to create a safe environment for all. 

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