California Statute For Nuisance
Description
How to fill out Statutory Notices Required For California Foreclosure Consultants?
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FAQ
A public nuisance created in a public place or on public land, or affecting the morals, safety, or health of the community, is considered an offense against the state. Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, and keeping explosives are public nuisances.
Examples of private nuisance claims under California state law may include the following: 3.1. Injurious to the Health. ... 3.2. Illegal Sale of Controlled Substances. ... 3.3. Indecent or Offensive to the Senses. ... 3.4. Obstruction to the Free Use of Property. ... 3.5. Blocking Sunlight May NOT be a Nuisance.
Civil Code § 3479 defines nuisance as ?anything which is injurious to health?or is?offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property??
Penal Code § 372 PC is the California law that prohibits one from creating or maintaining a public nuisance. A conviction is a misdemeanor punishable by up to 6 months in county jail.
Elements of a Private Nuisance Case To be successful in a private nuisance lawsuit, the plaintiff must prove three private nuisance elements: The plaintiff owns the property. The defendant acted in a way that interfered or disturbed the plaintiff's use or enjoyment of the property. The act was unreasonable.
