Nuisance Abatement Notice

What To Do When Handed A Nuisance Abatement Notice

What you may consider acceptable may not be the same for others. It can be a pretty murky terrain when you are served with a nuisance abatement notice. While the obvious step would be to seek the services of a municipal law attorney, you must consider other measures. That said, here are some steps to take when handed a nuisance abatement notice.

Understand you are likely at fault

A nuisance abatement notice is issued when someone reports your activities as a public nuisance. According to several legal luminaries, the nuisance abatement law is gradually becoming a dominant subject in code enforcement. In essence, this law is meant to improve safety issues while targeting quality of life for all persons. The first contact for flouting the law would be an initial interaction to inform you about your actions in ideal situations.

This is usually done days, weeks, or months before the nuisance abatement notice is handed to you. The reason for the initial contact is to bring the disruption of public order to your notice first. If you fail to resolve it, then the notice comes after. However, there are scenarios where people receive the notice even without initial contact. Regardless of your particular situation, it would help if you acknowledged your fault before anything else.

Pay penalties

You will be required to pay penalties when you get served with a public nuisance notice, whether with prior contact or not. The fines may vary depending on the state you’re in. However, you must know that failure to comply attracts hefty fines and possible prosecution, in which case you will need a municipal law attorney. Moreover, ignoring warnings to decrease the specific nuisance complaint brought against you is considered a criminal offense.

In extreme penalty situations, the court may be compelled to possess the offending equipment or the property in question. Therefore, your best options are to do the two crucial things. It is essential to pay up the required fines and abate the public nuisance as soon as possible to avoid a protracted legal system that attracts more fees.

Appeal the notice

Before you appeal a nuisance abatement notice, you will need a municipal law attorney to guide the process. This is a specialist area that requires a suitable person or team to handle. Sometimes even after abating the nuisance, it is still considered as a disruption. In a situation like this, you can appeal the notice. This is particularly true if the subject of the public nuisance is a property under construction. You can appeal on different grounds, and some examples are:

  • An erroneously served notice
  • Proof that your activities do not fall under statutory nuisance
  • Drastic steps were taken to reduce the problem.

Indeed, receiving a noise abatement notice is upsetting, with the possibility of paying legally mandated fines proving stressful. However, if you can prove your case with a municipal law attorney, you have a better chance to appeal it.
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2 Replies to “What To Do When Handed A Nuisance Abatement Notice”

  1. I have received a nuisance abetment notice and I do not know why. My lawn is properly kept and there is no trash on the property and my property taxes are up to date.

    I am nearing ninety, live on a fixed income and cannot afford any attorney(s)
    I anxiously await your contact. If you choose to claim the property as your notice threatens, I will be homeless.

    I await further instructions from you.

  2. Your comment is awaiting moderation.
    I have received a nuisance abetment notice and I do not know why. My lawn is properly kept and there is no trash on the property and my property taxes are up to date.

    I am nearing ninety, live on a fixed income and cannot afford any attorney(s)
    I anxiously await your contact. If you choose to claim the property as your notice threatens, I will be homeless.

    I await further instructions from you.

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