A nuisance is a condition or use of property that interferes with adjoining landowners’ (neighbors) use and enjoyment of their properties; or endangers the life, health, enjoyment, or safety of others; or is offensive to others. Loud noises, foul odors, unsightly conditions, and illegal or immoral activities (such as prostitution or illegal drug activity) on a property are common examples of nuisances.
Trash, litter, uncut grass or vegetation, untrimmed trees, graffiti, and abandoned motor vehicles and tires are also common subjects of nuisance abatement efforts—often undertaken by a city or town’s code compliance or code enforcement department or division.
Abatement is generally the act of stopping, eliminating, or nullifying some condition or activity. Nuisance abatement or abatement of a nuisance generally includes stopping or eliminating a noise, odor, unsightly condition, or other nuisance—or repairing or demolishing a home, apartment complex, or other building the owner has failed to maintain and that endangers the life, health, safety, or life enjoyment of persons in the neighborhood.
State laws (statutes) often provide local governments with certain nuisance abatement powers to compel the owner of a property to fix or remedy the conditions creating a nuisance—and if the owner fails to do so, the local government may do so, such as by demolishing or razing a building.
Under some circumstances the local government may choose to repair or rehabilitate the nuisance condition—or remove, remediate, transport, and dispose of materials or property on the premises that are creating the nuisance.
Local governments may also have the right to prohibit access to the premises by some or all persons, and to control access to the premises.
In Iowa, nuisance is defined as any condition or use of property that substantially and unreasonably interferes with others' use and enjoyment of their property, or that is harmful to the public health, safety, or welfare. Examples include loud noises, foul odors, and illegal activities. Iowa Code Chapter 657 outlines the legal framework for addressing nuisances, allowing for both public and private nuisance actions. Local governments in Iowa have the authority to enforce nuisance regulations and can require property owners to abate nuisances. If property owners fail to comply, the local government may intervene to abate the nuisance, which could involve cleaning up the property, making repairs, or even demolishing unsafe structures. The costs of such abatement can often be recovered from the property owner, and in some cases, the local government may place a lien on the property to secure repayment. Additionally, Iowa law allows for injunctive relief to prevent or stop a nuisance, and in some cases, individuals affected by a nuisance may seek damages in court.