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 New Jersey, nuisance law is primarily governed by state statutes and municipal ordinances that allow local governments to address conditions on properties that negatively affect the health, safety, and welfare of the community. Nuisances can include loud noises, foul odors, unsightly conditions, and illegal activities such as prostitution or drug dealing. Local code enforcement departments are typically responsible for nuisance abatement efforts, which may involve compelling property owners to correct the offending conditions. If property owners fail to comply, the local government may intervene directly, potentially by repairing, demolishing, or otherwise remedying the nuisance. New Jersey law also permits local governments to restrict access to properties that are deemed nuisances and to take necessary actions to abate them. These regulations are designed to ensure that property use does not interfere with the rights of others to enjoy their own property or compromise public safety and welfare.