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 West Virginia (WV), nuisance laws are designed to protect the rights of individuals to enjoy their property without undue interference from others' use of their own property. A nuisance can include loud noises, foul odors, unsightly conditions, and illegal activities, among other things. Local governments in WV have the authority to enforce nuisance abatement, which involves taking measures to stop or eliminate nuisances. This can include requiring property owners to address the nuisance, and if they fail to do so, the local government may intervene directly, potentially by repairing, demolishing, or otherwise altering the property to mitigate the nuisance. The state statutes provide the framework for local governments to act, and they may also have the power to restrict access to the premises to prevent further nuisance issues. It's important for property owners to be aware of their local ordinances and state laws regarding nuisances to avoid legal issues and to maintain the quality of life for themselves and their neighbors.