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 York, nuisance is defined as an interference with the use and enjoyment of property by others, and can include loud noises, odors, unsightly conditions, and illegal activities. Local governments in New York have the authority to address nuisances through their code enforcement departments. They can compel property owners to remedy the nuisance conditions, and if the owner fails to comply, the government may intervene directly. This intervention can include repairing, demolishing, or rehabilitating the property, and removing or disposing of materials causing the nuisance. Additionally, local governments may restrict access to the premises to prevent further nuisance. These powers are granted to local governments by state statutes, which provide a legal framework for nuisance abatement actions. Property owners who do not comply with abatement notices may face legal action and potential penalties, including fines and the cost of abatement being levied against the property.