West Virginia Notice to Adjoining Business Proprietor of, and Request to Abate, Nuisance

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A nuisance is a substantial interference with the right to use and enjoy land, which may be intentional or negligent in origin, and must be a result of defendant's activity.

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FAQ

An abatement is a reduction or an exemption on the level of taxation faced by an individual or company. Examples of an abatement include a tax decrease, a reduction in penalties, or a rebate.

Maintenance of property: Abatement of nuisances by repair, rehabilitation, demolition or removal. All or any part of premises found to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair under the procedures set forth in this Chapter.

A nuisance involves an unreasonable or unlawful use of property that results in material annoyance, inconvenience, discomfort, or injury to another person or to the public.

A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.

The legal remedy to remove or mitigate a public nuisance is usually (a) an injunction to stop the nuisance activity, (b) a partial abatement court order, (c) a negotiated settlement, and/or (d) payment of monetary damages to allow the nuisance to continue.

Definition of abate intransitive verb. 1 : to decrease in force or intensity waiting for the storm to abate. 2a : to become defeated or become null or void (as of a writ or appeal) b : to decrease in amount or value The legacies abated proportionately. transitive verb.

Nuisance abatement can be part of a strategy to prevent abandonment, particularly where it is combined with incentives for property owners, and/or part of a strategy to address properties that have already been abandoned, and are being neglected by their owners.

Abatement, in law, the interruption of a legal proceeding upon the pleading by a defendant of a matter that prevents the plaintiff from going forward with the suit at that time or in that form.

Abatement action means to take steps or contract with someone to take steps to eliminate or mitigate the direct or immediate threat to the public health or the environment caused by a hazardous materials release.

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West Virginia Notice to Adjoining Business Proprietor of, and Request to Abate, Nuisance