Ohio Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance
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FAQ
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.
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.
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.
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.
No person or entity shall cause or permit a public nuisance to be or remain in or upon any structure, premises or other place, of which that person or entity is the owner, lessee, tenant or occupant. (x) Any condition exists which has been declared a public nuisance by common law or the Ohio Revised Code.
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.
An abatement is a reduction or an exemption on the level of taxation faced by an individual or company. Examples of an abatement include a tax decrease, a reduction in penalties, or a rebate.
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.
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.
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.
