New York 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.
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.
Courts now interpret the Restatement as laying out four distinct elements: the existence of a public right, a substantial and unreason- able interference with that right, proximate causation, and injury.
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.
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.
Abatement Notice means a notice issued by an enforcement officer which requires a responsible person to abate a public nuisance.
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
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.
Definitions of abatement of a nuisance. (law) the removal or termination or destruction of something that has been found to be a nuisance. synonyms: nuisance abatement. types: asbestos abatement.
