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 Rhode Island, nuisance is defined as an activity or condition that substantially 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 Rhode Island have the authority to enforce nuisance abatement, which involves measures to cease or correct the nuisance. This can include maintenance, repair, demolition of unsafe structures, or removal of offending materials. State statutes empower local authorities to take necessary actions to abate nuisances, and if property owners fail to address the issues, the government may intervene directly. This could involve restricting access to the property or taking steps to remedy the situation. The costs incurred by the government for such actions may be charged to the property owner. Rhode Island's legal framework ensures that local governments can maintain community standards and protect the rights of residents to enjoy their properties without undue interference.