Magisterial District 05-2-42 News: Love thy neighbor … it helps
By Judge Leah Williams Duncan Esq.
(The subject of this month’s submission stems from a question I received during the monthly Northside Public Safety Council meeting. Thanks to Council President Yvonne Rainey for suggesting that I take the opportunity to make this information available in this forum.)
As the summer approaches, we’re all anxious to get back outside, fire up the grill, relax on our porches and just enjoy freedom after months of being cooped up in the house. For many of us this also means sharing a friendly conversation and maybe even having some fun with the neighbors we haven’t seen all winter. But what happens when that neighborly relationship is not as friendly?
While there are steps that can be taken before a simple misunderstanding becomes a full-blown dispute (a friendly conversation, a politely written letter, an informal mediation), there are times when more formal steps may have to be taken. Neighbor disputes can stem from anything from simple property maintenance issues to actual criminal activity. The following is a “first steps” guide to addressing the issues that can sometimes interrupt summer (or year round) neighborhood harmony:
Property Maintenance
These issues, even if they don’t actually touch our own property, may cause an unpleasant and sometimes even dangerous environment. Failure to maintain lawn/yard, sidewalks or building structures are usually addressed by the Department of Permits, Licensing and Inspections (PLI) or the Department of Mobility and Infrastructure (DOMI). Inspectors regularly patrol and monitor the Northside’s streets. However, if you believe the inspectors missed an unsightly or dangerous condition on your street or in your neighborhood, a report may be made through the 311 Response Center. Dial 311 or their 10-digit number, (412) 255-2621, to reach the center. An inspector will come out and view the subject property and when appropriate, issue a notice, followed by a citation to the property owner if the situation is not corrected.
Property Damage
Those unfortunate circumstances resulting in actual damage to your property (home, vehicle, etc.) may be handled in a few different ways. If your attempts to resolve the matter with your neighbor prove unsuccessful, then you will have to determine which route you believe is most appropriate for you. Hopefully, the issue won’t reach a level where it would be necessary to involve law enforcement officials; although this is a resource depending on the severity of the damage and situation. For straight civil actions, your Magisterial District Judge (MDJ) has jurisdiction over matters in which the recovery sought does not exceed $12,000 (not including the filing fees). Northsiders are covered by Magisterial District 05-240, Judge Jehosha Wright, who can be reached at (412) 321-0788; or Magisterial District 05-2-42, Judge Leah Williams Duncan, who can be reached at (412) 321-0116. A quick phone call will confirm in which district you reside. Once this is determined, you can file your complaint after which a hearing will be scheduled for your MDJ to determine liability/responsibility and the monetary extent of your damage.
Personal Disputes
The most unpleasant and hopefully most uncommon of neighbor issues would be those personal disputes that disturb the peaceful enjoyment of one’s own property. These may be noise complaints, disagreements or arguments that are ongoing and/or get out of hand (possibly escalating to an actual fight) and any course of conduct that serves no legitimate purpose and disturbs the peace of others. Of course, under circumstances where there appears to be a level of immediate or imminent danger, it is best to contact law enforcement officials. In situations that do not involve immediate danger but rather reflect ongoing annoyances or disturbances there is an alternative to personal confrontation. As soon as possible, you should appear at the Municipal Courts Building, 660 First Ave. on a Friday between 9:30 a.m. and 2 p.m. There, an attorney from the District Attorney’s office will review your complaint and evidence to determine if charges are warranted. After approval by the ADA, summary offenses such as harassment or disorderly conduct will be referred to the appropriate MDJ to schedule a hearing to address the matter. If found guilty, the offender may be assessed a fine or face other penalties as determined to be appropriate by the court.
Hopefully, the summer will be peaceful and enjoyable for all. However, in situations where being neighborly presents somewhat of a challenge, know that support is available and a mutually acceptable resolution could be right around the corner, in the office of your local MDJ.