Just imagine, you move into your new house and then your new Toxic Neighbors From Hell (NFH), Jeff and Donna Mercer, put a HUGE God-awful eyesore trampoline and swing set in their side yard, jammed up against your property line and only 8' from your house. The slide platform towers over the 6' "privacy" fence, facing directly into your new back yard.
|
Many days and evenings, their children and guests scream and shriek only 8' from your bedroom wall. Their
High-Pitched,
Ear-Piercing,
Bone-Jarring,
Jaw-Clenching,
Sphincter-Tightening,
Blood-Curdling,
Spine-Tingling,
Heart-Stopping
Screaming
and
Shrieking
and
Screeching
reflects off their 2 story home directly into your home and backyard. These children do not talk, they do not talk loudly, they rarely even speak words, they just scream and scream and scream...
Jeff Mercer has even admitted that one of his daughters has a " screaming problem" on May 22nd, 2001 and confirmed it again on June 23rd, 2004 during mediation sessions.
When these unusually loud children are in full screaming mode, they sound like injured escapees from the Jerry Springer Show... The sound permeates your home, even on the opposite side of your house and has been measured at illegal levels.
Many of the neighborhood children are there too, yelling, screaming and shrieking, only 8' from my home on what may be an unsupervised and unsafe play area. It's an accident waiting to happen...
It's been called an "Acoustic Alley".
|
The neighbors children and their guests, climb on the fence and slide platform and STARE into my yard over the now meaningless 6' "privacy" fence.
|
|
 |
On 2 occasions, the Mercer children and their guests have
stoned my home
from the playground area.
When the children are in full screaming mode, I cannot use my backyard, I cannot use my bedroom. I cannot have any windows open. The neighbors have stolen my peace and quiet, they have stolen my privacy.
For unexplainable reasons, the Jefferson County Sheriff's Department, the Jefferson County District Attorney and the Jefferson County Commissioners have refused to enforce THEIR clear and well written unambiguous Noise Abatement Laws.
The Colorado Jefferson County government takes my taxes, they take their paychecks, they build
extravagant administration buildings, but asking them to actually perform their jobs by enforcing THEIR laws is apparently asking too much ... they provide nothing of value in return for the taxes they demand and consume.
The Dutch Creek Homeowners Association (HOA) has also refused to enforce or even consider the clearly written covenants regarding erecting "any structure whatsoever" and their effects on "adjacent properties". They collect my HOA dues and put chlorine in the pool and mow the common areas behind the board members property and refuse to enforce THEIR covenants.
If I made the same illegal noise level with my audio system, no one would be so tolerant. It's a form of discrimination for which I have yet to find a solution, but every single day it's an issue. Even on the rare days when the screamers do not come outside, I'm unable to plan any outdoor activities.
The U.S. Census Bureau reports that noise is Americans' top complaint about their neighborhoods.
Nobody else in my community has to put up with anything like this. The rest of the neighbors who have playground equipment, have put it somewhere other than right between the homes, other than in their side yard and not only 8' from their neighbor's home.
The home directly behind me and the home directly behind the Mercers have playground equipment close to the back fences. Those play areas are out in the open, and the sound of children playing on them is not loud or annoying in any part of my home or backyard. These homeowners did not put the play area in a tight confined area and the sound dissipates in all directions. Unlike the Mercers, they are considerate neighbors.
The "community standards" appear to be much higher than practiced by the Mercers towards me.
Any sound, even pleasant sounds can become oppressive when they are too loud. The sound of children playing is a normal sound of summer and is no problem when coming from any other location in my community. Since almost all the sound from the Mercers playground reflects off their 2 story home and amplifies and funnels directly into my home and backyard, it is simply too loud to even hold a conversation in my backyard.
The sound pressure level (SPL) of the screaming has been measured over the published legal limits for both the State and County noise abatement regulations. This is not my opinion, this is a cold hard measured fact.
The public can agree with me or not that the screaming and shrieking noise is too loud, but that in no way changes the written Colorado and Jefferson County Law and the measurements at illegal levels using the exact procedures defined in the law. One dB(A) over, two over or 11-16 dB(A) over is still a violation of the law. You can disagree with the law, you can try and change the law, but until that time, the law is the law ( except in Jefferson County sad to say...) All other opinions are irrelevant. The size and layout of the property, the building materials, the landscaping, the day of the week or how wonderful the screaming and shrieking is to Jeff and Donna Mercer, only the black and white written law and the cold hard measurements are relevant.
 |
- Jeff and Donna Mercer for their rude and selfish playground placement which allows their children and guests to generate illegal noise levels in my backyard. They put it out of their way and directly in my way.
- The Jefferson County Sheriff's Department for their cowardly failure to enforce the Colorado and Jefferson County Noise Abatement Law.
- The Jefferson County District Attorney's Office for their cowardly failure to prosecute the Colorado and Jefferson County Noise Abatement Law.
- The Jefferson County Commissioners for failing to keep their promise of: "We will listen to what you say, keep you informed and be approachable. For their failure to expect the laws they write to be enforced and for failing to obey the law themselves.
| |
People like the Mercers and Woody747 are the reason we need law enforcement. I expected better from the Jefferson County elected Sheriff and District Attorney, I expect them to do what they were elected to do and to have the courage to enforce and prosecute the written law.
Not only will they not enforce/prosecute the written law, they will not tell me what noise law they will enforce?
Truth, Justice and the American Way is nowhere to be found in Jefferson County Colorado.
The problem is not that my neighbors have children. The problem is not that my neighbor's children make noise. The children are not to blame. The problem is not that my neighbors have a playground. The problem is the excessive noise the Mercers allow their children to make only eight feet from my home. The problem is how the Mercers allow their children and guests to negate the privacy fence. The problem is that the Mercers put the unsafe playground only 8' from my home (but it's out of their way).
|