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Topic: Abatement of a nuisance

	Abatement - LoveToKnow 1911
		Abatement of a Nuisance is the remedy allowed by law to a person or public authority injured by a public nuisance of destroying or removing it, provided no breach of the peace is committed in doing so.
		Abatement in Pleading, or plea in abatement, was the defeating or quashing of a particular action by some matter of fact, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant.
		Abatement in Commerce is a deduction sometimes made at a custom-house from the fixed duties on certain kinds of goods, on account of damage or loss sustained in warehouses.
	www.1911encyclopedia.org /Abatement (597 words)

	"Abatement Of Nuisances" Defined
		ABATEMENT OF NUISANCES - the prostration or removal of a nuisance.
		A public nuisance may be abated without notice and so may a private nuisance which arises by an act of commission.
		If the nuisance can be removed without destruction and delivered to a magistrate, it is advisable to do so; as in the case of a libellous print or paper affecting an individual, but still it may be destroyed.
	www.lectlaw.com /def/a118.htm (294 words)

	Abatement (Site not responding. Last check: 2007-10-16)
		Abatement of debts and legacies.--When the assets of a deceased person are not sufficient to satisfy fully all the various creditors, their debts must abate proportionately, and they must accept a dividend.
		Abatement in pleading, or plea in abatement, was directed to defeating or quashing a particular action by some matter, such as a defect in form or the personal incompetency of the parties suing, pleaded by the defendant.
		Abatement in heraldry is a badge in coat-armour, indicating degradation or dishonour.
	webpages.charter.net /BrianOtte/encyclopedia_project/a/abatement.html (593 words)

	Abatement
		Abatement of debts and legacies: When the equitable assets[?] of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.
		Abatement in litigation: In civil proceedings, no action abates by reason of the marriage, death or bankruptcy of any of the parties, if the cause of action survives or continues, and does not become defective by the assignment, creation or devolution of any estate or title pendente lite (R.S.C. Order 17, r.
		Abatement of false lights: By the Merchant Shipping Act 1854, the general lighthouse authority has power to order the extinguishment or screening of any light which may be mistaken for a light proceeding from a lighthouse.
	www.ebroadcast.com.au /lookup/encyclopedia/ab/Abatement.html (611 words)

	HCPHES Environmental Services Division Neighborhood Nuisance (Site not responding. Last check: 2007-10-16)
		Abatement is the elimination of a nuisance by removal, repair, rehabilitation or demolition.
		Maintaining a swimming pool or unoccupied property in a neighborhood that is not protected with a fence that is at least four feet high and that has a latched gate that cannot be opened by a child, or protected by a cover over the entire swimming pool that cannot be removed by a child.
		If the nuisance remains unabated for 30 days after a county abatement notice has been received by the owner or occupant of the property in question, the health inspector may enlist your assistance in identifying the owner/operator and acting as a witness in court.
	www.hd.co.harris.tx.us /env/new_page_1.htm (730 words)

	Hagerstown, MD - A Great Place to Live, Work, and Visit (Site not responding. Last check: 2007-10-16)
		A nuisance is defined to be any condition or use of premises or property which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of property in the neighborhood in which such premises are located.
		An inspector identifying a nuisance will post the property with a notice of violation which states that if the nuisance remains, it will be abated by the city contractor after a specific date.
		If the nuisance poses an immediate safety threat, it will be treated as a summary abatement and the property owner may only be given 24 hours to abate the nuisance.
	www.hagerstownmd.org /codeCompliance/nuisanceAbatement.asp (227 words)

	Chapter 8.72 NUISANCE ABATEMENT PROCEDURE (Site not responding. Last check: 2007-10-16)
		A “nuisance” includes but is not limited to the violation of any ordinance, resolution, regulation or policy adopted by the City Council, as defined within any such ordinance, resolution, regulation or policy, or any condition within the City found to be a potential threat to the general health, safety and welfare of the public.
		If the nuisance is not abated within the time specified, the City may abate the nuisance and charge the cost of the abatement, including administrative costs thereof and reasonable interest therefor, from the date of said abatement, to the person found to be responsible for the nuisance.
		E. If the cost of abatement, as referred to in subsection D of this section is not reimbursed to the City within 30 days of the date of notice of same is mailed to the responsible party, the City may assess a lien on the property owned by the responsible party within the City.
	www.codepublishing.com /ca/poway/poway08/poway0872.html (541 words)

	29.60.060 Nuisance Abatement; Warrants.
		Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.
		In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the bureau in any way necessary to enter the property and, remove and abate the nuisance.
		The Director may cause the nuisance items removed pursuant to the nuisance abatement warrant to be disposed of in an approved manner whenever the Director, in the Director’s sole discretion, finds that the fair and reasonable value of the items at resale would be less than the cost of storing and selling the items.
	www.portlandonline.com /auditor/index.cfm?&a=18236&c=28735 (490 words)

	The Statutory Nuisance (Appeals) Regulations 1990
		(ii) in the case of a nuisance under section 79(1)(g) of the 1990 Act, the noise to which the abatement notice relates is noise caused in the course of the performance of some duty imposed by law on the appellant, and
		Regulation 2 sets out grounds on which such appeals may be made, describes the procedure to be followed in certain cases in which the appellant claims that a notice should have been served on some other person, and the action which the court may take to give effect to its decision on an appeal.
		Regulation 3 prescribes the cases in which an abatement notice is to be suspended pending the abandonment of, or a decision by a magistrates' court on, an appeal.
	www.opsi.gov.uk /si/si1990/Uksi_19902276_en_1.htm (1659 words)

	Cottage Grove City Code Chapter 8.12 - Nuisances
		If abatement is required within 24 hours of receipt of the notice, the notice must be personally delivered to the person responsible or posted on the premises or at the site or the nuisance in two conspicuous locations.
		If the costs of the abatement are not paid within 30 days from the date of the notice of assessment, an assessment of the costs, as stated or as decided by the Council, shall be made by resolution and shall be entered in the docket of City liens.
		The abatement of a nuisance is not a penalty for violation of this Ordinance, but is an additional remedy.
	www.cottagegrove.org /commdev/nuisance.html (3128 words)

	Nuisance Abatement
		Any person in charge who permits property under his or her ownership or control to be a Public Nuisance Property shall be in violation and is subject to its remedies.
		Any property which becomes a chronic nuisance is in violation of this ordinance and is subject to its remedies.
		In the event that it is determined that the property is an immediate threat to the public safety and welfare, the City may apply to the court for such interim relief, as is deemed by the Chief of Police to be appropriate.
	www.keynet.net /~patrol/nuisance.html (600 words)

	Methods of Nuisance Abatement (Site not responding. Last check: 2007-10-16)
		Nuisance abatement may relate to specific violations of building, fire, and zoning regulations or it may address problems related to animals, noise, juveniles and health.
		A contested nuisance suit in superior court is generally not a speedy way to resolve a nuisance problem, except in a rare case where a court order or injunction can be obtained to stop a nuisance while the matter is being adjudicated.
		A civil nuisance abatement case brought in superior court often involves complex factual or legal issues, a large parcel of property (or several properties), or a violator whose attitudes or, in some cases, mental fitness, make it unlikely that the nuisance situation can be resolved without a warrant of abatement.
	www.mrsc.org /Subjects/Legal/nuisances/nu-abate.aspx (1637 words)

	Nuisance Abatement (Site not responding. Last check: 2007-10-16)
		The word "nuisance" as used in this ordinance means any act or acts or omission to act on the part of any person which creates or permits the existence of a situation which annoys, injures or endangers the peace, welfare, order, health or safety of the public in their persons or property.
		A nuisance also include residues or leaching from deposits of matter which seep into water on the surface or in the ground thereby making it unfit or unpalatable for human consumption, or for use by domestic animals.
		The Township may seek abatement of a nuisance and such other relief as may be obtained by civil proceedings in court.
	www.michigantownships.org /mta9052818.asp (541 words)

	Colorado Civil Forfeiture, Restraining Orders & Nuisance Abatement
		Judgment in an action to abate a public nuisance may include a permanent injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance and an order directing the confiscation and forfeiture of property.
		In an action to abate a public nuisance, only real property which has been used for the illegal purpose which is the underlying subject matter of the action is subject to forfeiture and seizure.
		The primary defense would be that the State's proof failed to establish the activity defined as a nuisance, or that the State failed to establish a sufficient nexus (connection) between the asset and the nuisance.
	www.gustafsonlaw.com /Civil-Abatement.htm (3947 words)

	CHAPTER 71. DRUG NUISANCE AND SOCIAL VICES ABATEMENT (Site not responding. Last check: 2007-10-16)
		Further, the court shall have in rem jurisdiction over the premises alleged to be a nuisance, and the complaint initiating a civil action pursuant to this chapter shall name as a defendant the premises involved, describing it by block, lot number and street address, or by such other means as are appropriate in the circumstances.
		In determining whether the nuisance has been satisfactorily abated and is not likely to recur, the court shall consider the nature, severity and duration of the nuisance and all other relevant factors, including but not limited to those factors set forth in § 7113 of this title.
		A civil action may be brought and maintained pursuant to this chapter, and the court may find the existence of a nuisance, notwithstanding that an event or events used to establish the existence of the nuisance have not resulted in an arrest, prosecution, conviction or adjudication of delinquency.
	www.delcode.state.de.us /title10/c071 (5471 words)

	Chapter 7.16 NUISANCE ABATEMENT
		The fact that the owner or other person to whom notice is given of the nuisance abatement proceedings does not receive notice does not affect the validity of the proceedings.
		If the nuisance is not abated within the period given in the notice, the council may determine to proceed with the abatement.
		If the council so concludes, it may declare the condition existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within thirty (30) days after the date of posting on the premises a notice of the adoption of the resolution.
	www.ci.moraga.ca.us /municipalcode/_DATA/TITLE07/Chapter_7_16_NUISANCE_ABATEMEN.html (966 words)

	ABATEMENT OF A NUISANCE - Online Information article about ABATEMENT OF A NUISANCE
		ABATEMENT (derived through the French abattre, from the Late Latin battere, to beat)
		NUISANCE iS the remedy allowed by See also:
		abatement is also allowed provided there be no breach of the peace, and no damage be occasioned beyond what the removal of the nuisance requires.
	encyclopedia.jrank.org /A10_ADA/ABATEMENT_OF_A_NUISANCE.html (225 words)

	The Statutory Nuisance (Appeals) Regulations 1995
		(ii) in the case of a nuisance under section 79(1)(g) or (ga) of the 1990 Act, the noise to which the abatement notice relates is noise necessarily caused in the course of the performance of some duty imposed by law on the appellant, and
		Regulation 2 sets out grounds on which such appeals may be made, prescribes the procedure to be followed in certain cases in which the appellant claims that a notice should have been served on some other person, and the action which the court may take to give effect to its decision on an appeal.
		Regulation 4 revokes the Statutory Nuisance (Appeals) Regulations 1990 and the Statutory Nuisance (Appeals) (Amendment) Regulations 1990.
	www.opsi.gov.uk /si/si1995/Uksi_19952644_en_1.htm (1738 words)

	CSAO: Nuisance Abatement Unit
		Nuisance Abatement combines civil remedies and innovative problem solving with traditional policing and criminal prosecution to address the quality of life in communities throughout Connecticut.
		The Nuisance Abatement and Quality of Life Act requires a minimum of three arrests or the issuance of three arrest warrants indicating a pattern of criminal activity on the property during a one-year period before a nuisance abatement action is brought.
		Once a location is identified, the Nuisance Abatement Unit notifies the landlord of the problems and asks for a meeting between the landlord or property manager and the Nuisance Abatement prosecutors and police.
	www.ct.gov /csao/cwp/view.asp?a=1798&q=285774&csaoNav=\| (669 words)

	ABATEMENT \| \| Dictionary & Translation by Babylon
		Abatement of debts and legacies, a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.
		Abatement in pleading, a legal defence to civil and criminal actions based purely on procedural and technical issues involving the death of parties and changes in their status
		Abatement (heraldry), a modification of the shield or coat of arms that supposedly can be imposed by authority (in England supposedly by the Court of Chivalry) for misconduct.
	www.babylon.com /definition/ABATEMENT/All (263 words)

	Stinson Beach County Water District - Title IV Onsite Wastewater Management Code
		The procedures for abatement of a nuisance established in this code may be used to abate any nuisance, which pursuant to law may be abated by the District.
		Notices regarding abatement of a nuisance shall be mailed by certified mail to the property owner(s) at said owner's mailing address as shown on District records.
		When the conditions that constitute the nuisance pose an immediate threat to the public peace, health, or safety, or may cause irreparable harm to the environment, the District Board and the General Manager may immediately begin procedures to abate the nuisance pursuant to Section 4.09.230.
	stinson-beach-cwd.dst.ca.us /t4code/wastecode409.html (825 words)

	[No title]
		This act requires notice to include the nature of the alleged nuisance, the date and time it was first discovered, the location of the nuisance, and the relief sought.
		If a violation notice is an essential element of the municipal enforcement action, a copy of the notice signed by an official from the agency shall be prima facie evidence of the facts within the notice.
		A notice of abatement issued by the agency is evidence that the plaintiff is not entitled to the requested relief.
	www.house.state.mo.us /bills051/bills/SB134.htm (712 words)

	Nuisance Abatement
		The intent of the Nuisance Abatement Ordinance is to promote, protect and improve the health, safety and welfare of the citizens of the City of Gainesville.
		Violations of the Nuisance Abatement Ordinance are not criminal, and will not result in arrests, but are an addition to the criminal actions that will be taken.
		If the Board decides that a public nuisance does exist, they may order the owner of the property to control the nuisance or activity that is causing the nuisance.
	www.gainesvillepd.org /nuisance_abatement.htm (445 words)

	Nuisance Abatement
		The Nuisance Abatement Law may be the answer.
		The Nuisance Abatement Unit is part of the Denver Police Department and works with the Citv Attorney's Office and District Attorney's Office to identify, abate, deter, and prevent the recurrence of public nuisances within the City of Denver.
		Under the Nuisance Abatement law, a public nuisance is not a trashy yard or neglected home (see the article titled Neighborhood Inspection Services).
	www.denvergov.org /District_1_Station/template113649.asp (403 words)

	4. Nuisance Abatement - City of Westminster, Colorado (Site not responding. Last check: 2007-10-16)
		Such complaint shall include, whenever possible, the nature of the public nuisance, the location, including the address, the name of the owner, occupant, or manager of the property, the duration of the nuisance and the name and address of the complainant.
		The cost of abatement shall be paid by the owner of the property upon which the nuisance existed, pursuant to the procedures established in Section 8-4-5 (B).
		The action to declare and abate a public nuisance shall be brought by the City in the name of the people of the City, by the filing of a complaint, which shall be verified or supported by an affidavit.
	www.ci.westminster.co.us /Code/Title08/T8C4.htm (1919 words)

	ABQjournal: Nuisance Abatement Ordinance Needs More Teeth
		The amendment to the nuisance abatement ordinance is intended to address nuisance occurrences that thus far have been beyond the scope of the city's enforcement authority.
		The original ordinance defined nuisances in the context of narcotics and prostitution.
		My intent is to provide the city with the ability to take meaningful civil action against nuisance properties, primarily commercial, that continue to allow nuisance activity to occur thereby posing a persistent threat to public welfare.
	www.abqjournal.com /opinion/guest_columns/389342opinion09-12-05.htm (458 words)

	Nuisance Abatement
		The Nuisance Abatement Board (NAB) is a quasi-judicial board consisting of (9 members).
		The NAB members represent each district of the county and appointments are made on the basis of experience or interest in the subject matter jurisdiction of the NAB; and whenever possible, at least one (1) member with education or experience in law enforcement.
		The NAB shall have jurisdiction to hear and decide complaints alleging that a place or premises constitutes a public nuisance and has jurisdiction for a period of one (1) year over any place or premises that has been declared a public nuisance.
	www.orangecountyfl.net /cms/DEPT/CEsrvcs/code/nuisance.htm (370 words)

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