Champion Home

Noisy neighbor a never-ending nuisance

Lithonia resident Eleasea Allen said a tough, new noise ordinance that went into effect this year is not working for her.

“It’s a joke,” Allen said. “It’s really a joke. “We went to a new noise ordinance, and here we are dealing with the same thing,” Allen said.

Allen and her husband Nathan said they have been aggravated by an extremely noisy neighbor for 18 months.

The couple has placed more than 100 calls to emergency 911, obtained a restraining order and have recorded more than 100 CDs of their neighbor’s noise.

The couple has even teamed up with four other neighbors in filing lawsuits against the tenant, Sharell Smith, of 6117 Dana Court in Lithonia; and David Jordan, who was the landlord/owner of the house.

On June 22, a magistrate judge ruled that Smith and Jordan were in contempt of court for willful violation of a restraining order. The two defendants were each ordered to pay the Allens $5,000.

The couple has not received a penny from the judgment and the noise has not stopped.

“We don’t care about the money,” Allen said. “We just want some peace back in the house.”

No one the Allens have contacted has been able to solve their noisy problem. Not the county’s CEO, commissioners or police. They have contacted state elected officials and the White House.

“I know people are laughing about the White House,” Allen said.

The couple even hired a private investigator to record and witness the noise levels in her house.

Allen said her neighbor has been cited three times for violating the noise ordinance, but there are no real consequences. He has not even shown up for any of the court proceedings, Allen said.

The noise ordinance makes it unlawful for anyone to make any sound that is “plainly audible anywhere within the interior of a sealed” single-family dwelling between 11 p.m. and 7 a.m. For multi-family dwellings, the sounds cannot extend into the common areas of the residential area including hallways, stairwells, lobbies, parking lots and recreational areas.

The ordinance also states that any police officer who is invited into a home can determine if a sound is “plainly audible.” This means it “can be heard or detected by the unaided or unimpaired human ear,” even if the words are not discernable, the ordinance states.

But Allen said that when an officer came to her house after midnight when the noise usually occurs, the officer said department policy does not allow officers to go into a home at night.

Mekka Parish, public information officer for the DeKalb County Police Department, said the department is “working intimately with [Allen] to solve her problem.”

And DeKalb officers have entered the Allen home several times and witnessed the noise, Parish said.

“We have done everything we can do within the confines of the law and the ordinance,” Parish said.

But Allen said she will not be satisfied until the noise stops.

“I am very upset,” Allen said. “We pay our property taxes and we can’t get the services. We shouldn’t have to leave our own house because of him.”

 


Comments (8)

micheal j
Said this on 9/7/11 At 03:17 pm
Dekalb County needs to make this lady clean her house up. So much junk tells you something is wrong with her. She is a hoarder
micheal j
Said this on 9/7/11 At 03:09 pm
This lady is crazy. I am a nieghbor. She called the for anything.She called the police on my boys at 6pm on labor for having a cook out. The house is empty were she said the she still hears music, but she probably does.
Harry
Said this on 8/6/11 At 11:50 am
I can't believe you would want that criminal vermin back! He ruined the county!
Alice
Said this on 8/3/11 At 08:42 am
You need to ask the CEO and Commissioners what they would do if it
was their neighbor? They probably don't have any rental property near them.
And we know that our tax dollars pay for the body guards for our CEO
and his family.
Why the BOC can't find a solution to this is beyond my comprehension.
I admire this person. I have seen her and others at BOC meetings.
It truly is a shame that DeKalb retirees have instances such as this to contend with. Plus, Many no longer venture out after dusk.
I miss CEO JONES. He had some faults(as everyone does). But, I feel
money or not he wouldve found away to have a cleaner better DeKalb.
Jay
Said this on 7/31/11 At 07:46 pm
Helpful hint: If you write an article about a noisy neighbor make sure to explain exactly what type of noise the neighbor makes.
Tom in Atlanta
Said this on 7/28/11 At 12:41 pm
Sometimes the law doesn't work folks. Always try it first but really, you'd be better off returning the favor only worse. They have to sleep some time.
Patricia
Said this on 7/28/11 At 11:26 am
Turn about is fair play. Do what we did in our neighborhood. When the low lifes were sleeping during the day we took turns playing our radios, running lawnmowers,weedeaters,even set up a set of drums outside and eventually made a tape recording of a jack hammer and blasted it all day on big speakers. They moved!!! LOL! Cops couldn't do anyting because it was during the day.
JerryMyer Jackson Jr
Said this on 7/27/11 At 04:20 pm
I have seen this nice Lady and Her Husband at maybe a dozen BOC meetings complaining of this problem !

DeKalb County is just broken = The Elected Officials of DeKalb County have trashed a once bountiful county !

But let all the residents of District Three in DeKalb join in and sing " We Love Little Larry, We Do, We Do " !

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