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 North Dakota, nuisance is defined as an activity or condition that significantly interferes with the use and enjoyment of one's property or poses a danger to health, safety, or welfare. Common nuisances include loud noises, foul odors, unsightly conditions, and illegal activities. Local governments in North Dakota have the authority to address nuisances through abatement efforts, which may involve enforcing property maintenance, landscaping, and building standards. If a property owner fails to address a nuisance, the local government may intervene to correct the issue, potentially through cleaning, repairing, or even demolishing structures that are deemed hazardous. The costs of such abatement actions can often be recovered from the property owner. North Dakota Century Code (NDCC) provides the legal framework for nuisance abatement, and local ordinances complement these statutes by outlining specific procedures and enforcement mechanisms for nuisance control within municipalities.