In many areas of life, compliance with established sanitary rules is mandatory. Violation creates a threat to the safe living of people. Therefore, authorized bodies monitor compliance by organizations and citizens with sanitary requirements. There are often situations when a neighbor appears in apartment buildings who does not monitor the cleanliness and order of his home. If violations are not dealt with, the consequences may be irreversible. To protect themselves, citizens have the right to write a statement to the supervisory authorities to take response measures.
Regulations
Sanitary rules are regulated by many regulations and laws. For residents of houses, in most cases they rely on:
- Federal Law No. 52, which specifies the rules for ensuring the sanitary and epidemiological well-being of citizens.
- SanPin 2.1.2.26.45-10, which establishes norms and sanitary rules.
- Housing Code.
Relations with neighbors are regulated by Federal Law No. 52.
In practice, these norms are not always observed. If the violation is confirmed, the law provides for an administrative fine for the guilty person. In situations with a first violation, a warning may be imposed.
Legislation
Sanitary standards and rules are regulated by many legal acts. In particular:
- Federal Law-52 is aimed at ensuring the sanitary and epidemiological well-being of the population.
- SanPiN 2.1.2.26.45-10 establishes sanitary and epidemiological rules and regulations.
- The Housing Code of the Russian Federation (Article 17, Article 67) obliges homeowners and tenants to use residential premises for their intended purpose.
However, the listed and other laws are not always observed, especially since liability for violating existing norms is minimal. Citizens who do not adhere to the rules of cleanliness in residential premises may be brought to administrative liability under Art. 6.4. Code of Administrative Offenses of the Russian Federation. The fines for individuals are small, and when the first protocol is drawn up, most violators get off with a warning. In some cases, it is possible through the court to achieve the forced eviction of neighbors due to the failure of the owners of residential premises to fulfill their duties (Article 30 of the Housing Code of the Russian Federation), but the initiator of such cases is the local administration.
Which authorities can you contact?
If neighbors litter the staircase space, bring things from the landfill into the apartment and in every possible way contribute to the development of unsanitary conditions, you should not remain idle. You can file a complaint against your neighbor with the relevant supervisory authorities:
- Management Company
- Police.
- Rospotrebnadzor.
- Sanitary and epidemiological station.
- Local level administration.
- Judicial authority.
Due to the behavior of the neighbor, an unpleasant odor forms in the entrance, cockroaches, mice and rats, and insects that carry various infections appear. A space filled with unnecessary things increases the fire hazard.
Algorithm of actions
In order for a complaint to be considered, it is important to prepare an evidence base for violations of sanitary and epidemiological requirements. You can involve other neighbors to collect signatures for the appeal. In the eyes of officials, a statement signed by several people will have more significance. It is important to try to resolve the conflict peacefully. You can involve representatives of the management company in the conversation and document it. Subsequently, the paper can be attached to the application to the supervisory authorities.
Abnormal garbage situation
If you know that the apartment is occupied by a tenant under a social tenancy agreement, you should contact the local administration. In the situation with the homeowner, the solution to the unsanitary problem is the responsibility of the SES. When a complaint to the sanitary and epidemiological station does not bring the desired results, you can contact the judicial authority.
Algorithm for filing a complaint to the SES against neighbors
The step-by-step algorithm for filing a complaint with the sanitary and epidemiological station against neighbors looks like this:
- First of all, you should collect the necessary evidence base for violations of sanitary standards. If possible, involve other neighbors in writing the appeal - a collective complaint in the eyes of officials of supervisory departments always carries more weight than the statement of an individual citizen.
- Contact the offending tenant and demand that the violations be corrected. If he refuses or ignores the requirement, an official complaint is filed with the supervisory authorities.
- If the citizen occupying this living space lives in it under a social tenancy agreement, then you can file a complaint with the local administration. When the offender is the owner of the property, then only filing an application with the SES will help solve the problem. If this does not give positive results, then you should file a claim with the courts.
Conversation with a resident
Before filing a complaint with the supervisory authorities, it is important to try to talk with unscrupulous tenants. If an oral conversation does not bring the desired results, you can send a written complaint to the tenant and demand that the violations be corrected within a specific period. If the violations are not eliminated within the specified time, notify the authorized authorities.
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A copy of the submitted complaint can later be attached to the complaint as evidence.
Sanitary and epidemiological station
Monitoring the implementation of legally established sanitary rules is carried out by a special organization - TsGSEN. This department has replaced the usual sanitary and epidemiological stations. But citizens call the organization by its old name or abbreviated as SES.
The sanitary and epidemiological station decides the final situation and makes an assessment
The agency is obliged to conduct inspections on every complaint received about violation of sanitary rules. The grounds for sending an appeal are specified in Federal Law No. 52 and the Housing Code. In most situations, the following are common reasons for filing a complaint:
- The neighbors do not monitor the sanitary condition of the housing, as a result of which insects and rodents have appeared. Such actions create discomfort when living in the neighborhood and contribute to the emergence and spread of infections.
- Sometimes neighbors feed pigeons from their balconies. Flocks of birds gather near the house and pollute the surrounding area with droppings. Leftover food attracts insects and mice.
- Residents shelter a large number of pets in the apartment. An unpleasant odor spreads in the entrance, there is a threat of parasites and infections.
Reasons for filing a complaint with the SES against neighbors
The Sanitary and Epidemiological Supervision Service is obliged to carry out inspections on every complaint about violation of public hygiene rules submitted to it.
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If the facts stated in the application are confirmed, department employees must take all measures to eliminate it - from issuing an order to the violator to applying to the courts.
There are many reasons for complaining to the sanitary and epidemiological station about your neighbors. In general terms, they are formed in articles of Federal Law No. 52 and in article 30 of the Housing Legislation.
Here are just a few of the most common examples :
- The neighbors lead an asocial lifestyle and do not monitor the cleanliness of the premises they occupy, as a result of which their apartment has turned into a breeding ground for insects and rodents. This not only creates discomfort for families living nearby, but also directly threatens the spread of infectious diseases;
- Neighbors feed pigeons from the window, as a result of which there is a constant accumulation of flocks of these birds near the house. Pigeons pollute the surrounding area and neighbors' balconies with their droppings, and leftover food attracts rodents and insects to the house;
- Another common problem among owners of private houses and summer cottages: neighbors have pigs, the stench from their waste products spreads far throughout the area;
- The residents of the neighboring apartment have turned it into a real shelter for stray cats and dogs, which, firstly, causes an unpleasant smell in the entrance, and secondly, threatens the spread of infections and parasites.
Filing a complaint to the SES
In order for the application to be accepted for consideration, it is important to follow the structure and provide the required information:
- The header of the paper indicates the name of the department, information about the applicant (personal data, residential address, contact phone number).
- The main part describes the essence of the violation of sanitary requirements, who committed the violation, indicating the residential address.
- Applicant's requirements. In this part, you can indicate a request to eliminate violations and bring the perpetrator to justice.
- Documents that may confirm the fact of violation are attached to the complaint.
- The paper is signed by the applicant and dated.
How to send a complaint to the SES
There are several options for submitting an application:
- Visit the territorial office and submit the prepared complaint in person. During a personal appointment, the applicant will have to verbally explain the essence of the problem and answer various questions. So it pays to prepare a little.
- Send the papers by registered mail to the department's reception desk. If the territorial authority was unable to solve the problems or ignored the submitted appeal, it is advisable to submit an application to the central office of the authority.
Terms of consideration
The law establishes 3 days for registering a complaint, 10 days for consideration. 30 days are allotted to verify the stated facts. The applicant must be sent a written notification of the results of the inspection and the supervisory measures taken.
The review period may be extended if it is necessary to obtain documents and information from other organizations in order to make a competent decision. The department issues an order to eliminate the norms. In case of non-compliance, measures are taken against violators up to and including eviction. An unsanitary room must be treated to rid residents of insects and rodents. Repeatedly if necessary.
Complaint consideration period
It is important to remember that SES employees cannot enter a problem apartment without the permission of its owner. You are allowed to get inside if you have a court order in the presence of police officers.
HOW TO FIGHT WITH YOUR NEIGHBORS LEGALLY
How is this regulated by law?
Living in your own apartment does not mean that you can do whatever you want, make a mess and get various insects and rodents along with it. Unsanitary conditions in an apartment building mean an increased risk of developing infectious diseases, breeding of living creatures that are carriers of infection and a deterioration in the quality of life of other people, therefore such actions are punishable by law, and the whole matter is regulated by the following regulations:
- Housing Code of the Russian Federation, Articles 17 and 67 - oblige residents of apartment buildings to comply with sanitary and hygienic requirements;
- Federal Law No. 52;
- SanPin 2.1.2.26.45-10.
The responsibility of citizens who do not comply with the sanitary requirements of living in a house is specified in Article 6.4 of the Code of Administrative Offenses of the Russian Federation. True, the amount of the fine for such a violation is small, and when first brought to justice, they may generally limit themselves to a preventive conversation. But, according to Article 30 of the Housing Code of the Russian Federation, such neighbors can be evicted by court decision.
Inaction of the SES
If the department does not take action in response to the request received, do not give up. The following circumstances indicate the inaction of the authorized body:
- The response to the sent appeal was not received within the time limit required by law.
- Instead of an informative response, the applicant receives replies.
To achieve a response, the applicant must send a complaint to Rospotrebnadzor about the inaction of service employees. An appeal to a higher authority will push the department to take action and make a decision.
If the applicant does not want to deal with delays, you can send a complaint about unsanitary conditions directly to Rospotrebnadzor.
Legislation of the Russian Federation
Federal Law No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population” establishes a mandatory requirement for all organizations to comply with life safety standards and regulations.
In addition to the law, there are many by-laws, such as regulations, orders, rules, standards that establish sanitary norms and rules. Compliance with this entire legislative framework is mandatory, otherwise a person can file a complaint against the violator.
Appeal to any government bodies and institutions is the constitutional right of any citizen of the Russian Federation.
Remember! Any appeal from a citizen, if it is drawn up in accordance with the requirements, is considered in the manner established by Federal Law No. 59-FZ “On the procedure for appealing citizens of the Russian Federation”.
If during the inspection it turns out that the problem should be solved by another government body or institution, then the appeal is redirected there, and the applicant is notified about this.
Rospotrebnadzor
It is important to note that the sanitary and epidemiological station is part of this service. Therefore, the procedure for drawing up and sending a complaint to the authority is similar to sending a complaint to the SES. For convenience, with the advent of the government services portal, citizens can submit a complaint electronically.
on neighbors in Rospotrebnadzor.
To do this, you must have an account on the government services website and a verified profile. On the website you need to select the “For Citizens” section, then click on “Registration of Applications” and select the department of interest. The portal will automatically redirect the user to the electronic application form.
Rospotrebnadzor
After consideration of the complaint, the user will receive a notification with the results of the review via phone number or personal account. You can submit an application on the official website of Rospotrebnadzor through the electronic reception. To use the service, you need an account on the government services portal.
Attracting a management company
Employees of a company or HOA do not have the opportunity to influence a violator of sanitary standards using the administrative code or other regulations. Employees have the right to inspect residential premises with the permission of the owners, leave an inspection report and conduct a preventive conversation. The management company’s documents can be used in the future when filing a complaint with other authorities.
How to correctly write a statement to the local police officer against your neighbors - Criminal Lawyer
Samples of complaints to the Sanitary and Epidemiological Station
ATTENTION! Look at the completed sample complaint to the sanitary and epidemiological station about a beauty salon:
DOWNLOAD samples of complaints to the sanitary and epidemiological station using the links below:
- complaint to the sanitary and epidemiological station against neighbors
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- complaint to the sanitary and epidemiological station against the management company
- complaint to the sanitary and epidemiological station against the employer
- complaint to the sanitary and epidemiological station about the restaurant
- complaint to the sanitary and epidemiological station about a beauty salon
- complaint to the sanitary and epidemiological station against a hairdresser
- complaint to the sanitary and epidemiological station about the cafe
- complaint to the sanitary and epidemiological station against a kindergarten
- complaint to the sanitary and epidemiological station about unsanitary conditions
