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Private Nuisance. A public nuisance is one that has the potential to affect the health, safety, welfare, and/or comfort of the general public. In many states, public nuisances are punishable in criminal court as well as civil.
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. The sheer number of people affected doesn't transform a private nuisance into a public onerather, the public must be affected in a manner specifically prohibited by your city's or state's laws.
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.
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.
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.
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.
1 Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards. Plaintiffs in public nuisance lawsuits, including state departments and agencies, may seek damages and/or injunctions.
A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises. Private nuisance lawsuits typically arise between neighbors, with one property owner being negatively affected by the acts of his or her neighbor.
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.