North Dakota Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance
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FAQ
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.
When two or more people get together in a residential area between the hours of 10 pm and 6 am, noise or music must be kept to a reasonable level. Any unreasonable noise which is likely to cause significant discomfort or annoyance to neighbors is a violation of city ordinances.
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.
A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.
The maximum noise level is 60 decibels (which is equivalent to a normal conversation in an office or restaurant) for the hours of 7 a.m. to midnight.
There is not a limit on maximum noise. The statutory limits for a residential location are L10 = 65 dBA and L50 = 60 dBA during the daytime ( a.m. p.m.) and L10 = 55 dBA and L50 = 50 dBA during the nighttime ( p.m. a.m.) (Minn.
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.
Quiet hours in the City of Grand Forks (50 decibels or lower in residential zones) are between the hours of PM and AM.
While the tort of private nuisance provides a remedy for interferences with the use and enjoyment of real estate, the tort of public nuisance allows recovery for activities that hurt a neighborhood or society.
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.
