How St. Petersburg residents can get rid of noisy cafes and shops in the neighborhood





How St. Petersburg residents can get rid of noisy cafes and shops in the neighborhood

And at the same time to defend the parking lot, which was forced by trucks with food.

WHEN CONVENIENCE IS NOT A JOY
Wherever you live, whether on the outskirts, or in a residential area, the nearest grocery store should be at least a five-eight minute walk away. Many years ago, this rule was laid down in the city's concept for the development of the consumer market. But it is one thing to say, and another to find a place for such outlets.
Of course, it is convenient to go out for bread in a home suit and slippers. But the number of disadvantages, if the owners of the outlet are not very conscientious, will exceed the possible advantages. More and more often, residents of houses complain about such neighbors. There is not much more money from them, and they spend a lot of utilities. Even the law cannot always force them to install meters, which means that other residents will pay part of their utility bills. In addition, they often breed unsanitary conditions, rats appear in the house. Well, there is a lot of noise, trucks with food or goods always scurrying back and forth, transport of employees and visitors (and there is not enough parking space anyway!). But first they must make repairs - this is additional garbage and noise.

OCCUPATION BY TRADE
Since mid-May 2012, the authorities of St. Petersburg, at the insistence of the city prosecutor's office, temporarily suspended the transfer of apartments on the ground floors of block and panel houses from residential to non-residential stock. Specialists of the department found out that during this process, the rights of ordinary residents are seriously infringed. For example, such apartments need to have a separate entrance from the street, and this contradicts the decree of the State Construction Committee, which prohibits manipulation in the main walls of block and panel houses. In addition, housing legislation is also violated, since the annexation of the common property of the house is inevitable. And most often this is done without the consent of all residents.
But if the commercial occupation of the old stock can still be stopped somehow, then in new buildings this phenomenon has become rampant. The developer initially allocates the first floors of houses for non-residential premises. Often he registers them as his property, and then sells or rents them out. It is important to keep in mind that you can influence the work of tenants! To do this, it is necessary to make fundamental decisions at the general meeting of homeowners. However, remember, merchants also have the right to vote. And since now they vote not with "souls", but with "meters", that is, the more area owned, the more votes. It should be understood that the chances of an adequate decision increase if as many apartments as possible vote against one entrepreneur.
And also, since it so happens that you are the joint owners of technical premises, the same basements, roof, elevators, then you need to agree on the procedure for using them. At the general meeting, draw up and approve an agreement in which all controversial points are spelled out, for example, about parking cars, unloading goods and many others.
By the way, if stores occupy separate non-residential premises, then they pay their owners, and if there are common areas, then they pay to the homeowners.

WHERE TO COMPLAIN
When problems arise, first of all, you need to contact the administration of the store that interferes with you. In the complaint, it is worth warning that you will resolve the issue in court. Usually it works. But if the owner of the outlet does not want to meet you halfway, then there is nothing left but to move through the authorities. The main agencies in your case are Rospotrebnadzor, the Housing Inspectorate and the police - if it is related to a violation of public order or silence. To go there, you need to have evidence. Take videos or photos of what's going on in your yard or in your home. Let the neighbors also sign the application. A collective complaint always carries more weight.
If we are talking about noise, measure it. You can call measurers from the same Rospotrebnadzor. It is necessary to indicate the time at which the noise is heard so that specialists do not arrive during the "quiet hour". In front of you and representatives of the company that interferes with you, they will check whether the noise does not exceed sanitary standards. We advise, among other things, to hire an independent expert. For the court, if the case comes to it, an additional measurement will be a plus. After all, this way you can prove that the noise level remained at the same level, and "reduced" it for a couple of days. Attention: if the court takes your side, you can demand to recover the costs of the examination from the company.
If you have a café on the ground floor and after 23.00 the music thunders throughout the area, interfering with sleep, call the police. Call there if a noisy company has gathered at the convenience store.
If parked trucks, from which the goods are taken out, interfere with the passage or passage, call the traffic police. If they do not come, call again, draw up a collective complaint to the district police officer, contact the higher authorities - the leadership of the police department and the prosecutor's office. Already with a complaint about the inaction of law enforcement agencies.
When drawing up an application, do not forget to indicate what exactly you want from an inconvenient neighbor. It should be understood that the requirement to "close the shop forever" is rarely fulfilled. To do this, the store or café must work with gross construction or sanitary violations that cannot be eliminated. Otherwise, you can only remove the annoying factor: a neon advertising sign, strange cars, noisy refrigerators. Usually, the main penalties are a fine and suspension of activities for up to three months to eliminate violations. And also, if you prove that you have suffered irreparable damage - moral or material - you can be awarded compensation for damage.
You need to go to court after your applications to all possible instances have remained unanswered or this answer did not suit you.

ON A NOTE
There are sanitary standards, according to which a store located in the basement, first or second (and for large cities even the third) floors of a residential building is not allowed to work after 23.00. That is, there should be no round-the-clock trade in our homes. There is, however, a reservation that local authorities can specify working hours, but it is clear that this is not in the direction of worsening housing conditions. The same norms prohibit placing specialized fish stores, any warehouses, laundries and dry cleaners (except for collection points), stores selling synthetic carpets, selling auto parts, tires and car oils in houses - that is, what burns easily. In addition, there are no cafes and entertainment venues with musical accompaniment, which can accommodate more than fifty people.

BY THE WAY
Where you live, there you work
Working from home is not prohibited by law, of course. However, you will not be able to equip a retail outlet or deploy industrial production. The law only allows the provision of services, however, without specifying what nature they will be. Of course, the activity in this case must be legally formalized. If you want, you can teach, if you want, you can program. A small "but": if no one lives in the apartment, but only works, this is a violation of the law.

BY THE WAY
If you have a store, beauty salon or any other organization in your house, its sign will have to be endured "for free". The OFAS made clarifications on the placement of signs on apartment buildings, which says: "the indication of the name of the organization on the building at the location of the organization, including if such indication is carried out using a commercial designation or a company name, cannot be considered as advertising." Moreover, the placement of such a sign does not need to be coordinated with the owners of the apartments.
By the way, the consent of the residents does not always give the green light for the installation of advertising structures. On some houses, for example, those that are under the protection of the Committee on State Use and Protection of Historical and Cultural Heritage and are objects of cultural heritage, the placement of such signs is prohibited.
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