North Carolina Matters to be Considered in Drafting a Notice and/or Request to Abate a 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

How can I make a complaint? If you have a noise complaint, please call the Raleigh Police Department at 919-831-6311 for immediate assistance. All other complaints can be submitted via the City's Code Enforcement Request Form or called into the Code Enforcement Division at 919-996-2444.

Abatement Notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.

The threshold remedy for a nuisance is for the public officer to order the owner to abate the nuisance; that is, to repair those conditions that have led a property to be deemed a nuisance. The order requires the owner to make the repairs or take other action within a reasonable time set by the public officer.

Our city has a noise ordinance that prohibits a certain level of noise between the hours of 7am and 830pm (except by permit).

Acceptable noise levels are: 85 dB(C) Sunday through Thursday between 8 a.m. and 9 p.m.; 60 dB(C) Sunday through Thursday between 9 p.m. and 2 a.m. the following day. 85 dB(C) Friday or Saturday between 8 a.m. and 11 p.m.; 60 dB(C) between p.m. and a.m. the following day.

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.

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.

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.

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

Noise disturbance - Prohibited generally. It shall be a misdemeanor and a public nuisance for any person to wilfully make, permit, continue, or cause to be made, permitted, or continued any noise disturbance.

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North Carolina Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance