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Article 2520 in the Louisiana Civil Code pertains to the obligations and effects of contracts, specifically regarding lease agreements. It outlines the rights and responsibilities of landlords and tenants, which can relate to nuisance issues. When facing a nuisance problem, the Louisiana Notice of Existence of Nuisance to Public Authorities becomes an essential tool in advocating for your rights.
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.
More specifically, the tort of private nuisance protects a person's right to use and enjoy his or her property. A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises.
An example of a nuisance is your nosy neighbor. A nuisance that may easily be repaired or avoided. A potentially dangerous element or entity on real property that may attract people, especially children, to use it to their own harm; for example, a swimming pool. See attractive nuisance doctrine.
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons
Public safety nuisances include shooting fireworks in the streets, storing explosives, practicing medicine without a license, or harboring a vicious dog. Houses of prostitution, illegal liquor establishments, GAMING houses, and unlicensed prizefights are examples of nuisances that interfere with public morals.
A public nuisance generally refers to any conduct that interferes with the rights of the public. The precise definition of public nuisance often varies by state and is embodied in civil and criminal statutes.
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.
Public nuisance is a common law offence involving environmental danger or loss of amenity or offensive public behaviour. The related common law offence of outraging public decency involves actions or displays in public places that outrage generally accepted standards of decency, in the presence of at least two people.
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.