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 Indiana, nuisances are addressed under both state statutes and local ordinances. Indiana Code Title 32, Article 30, Chapter 6 defines nuisances and provides remedies for their abatement. A nuisance may include loud noises, foul odors, unsightly conditions, and illegal activities that interfere with neighbors' use and enjoyment of their property or that endanger public health and safety. Local governments in Indiana have the authority to enforce nuisance laws and can require property owners to remedy conditions that constitute a nuisance. If the property owner fails to comply, the local government may take action to abate the nuisance, which can include cleaning up the property, making repairs, or even demolishing unsafe structures. The costs of such abatement can often be recovered from the property owner. Additionally, local ordinances may provide specific regulations regarding trash, vegetation, graffiti, and abandoned vehicles, and outline the procedures for enforcement and abatement of these nuisances. It's important for property owners to be aware of both state laws and local ordinances to ensure compliance and avoid nuisance-related disputes or government action.