Kentucky Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance
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FAQ
Abatement notice is the notice given to the owner (or occupier) of a property as a warning that his or her house has infringed local ordinances or laws, and he or she must take the necessary measures to correct the violation, or else the process of abating whatever nuisance that property's been causing to the community
What is an Order for Abatement? An abatement order requires a company operating out of compliance to take specific actions or to shut down its operation. This is a severe remedy normally reserved for serious violators.
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.
There are two kinds of actionable nuisances in tort law: private nuisance and public nuisance.
The Division of Building Codes Enforcement regulates the Kentucky Building Code as it pertains to the construction of new buildings and alterations, additions, and changes of occupancy to existing buildings.
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.
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.
Abatement Notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.
An abatement notice must be in the prescribed form and state the name of the person to whom it is addressed, the reasons for the notice, the action required to be taken or ceased or not undertaken, the period within which the action must be taken or ceased, the consequence of not complying with the notice, the rights
In a regulatory environment, the term "nuisance" includes anything that results in an invasion of one's legal rights. 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.
