What makes someone a nuisance?

A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.

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Matters to be Considered in Drafting a Notice and/or Request to Abate...

Travis Texas Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance

Name: Travis Texas Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance
Brand: US Legal Forms
Rating: 4.59 (202 reviews)

Category:

Landlord Tenant

State:

Multi-State

County:

Travis

Control #:

US-1183BG

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Instant download

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A nuisance is a substantial interference with the right to use and enjoy land, which may be intentional or negligent in origin, and must be a result of defendant's activity.

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Maintenance of property: Abatement of nuisances by repair, rehabilitation, demolition or removal. All or any part of premises found to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair under the procedures set forth in this Chapter.

The threshold remedy for a nuisance is for the public officer to order the owner to abate the nuisance; that is, to repair those conditions that have led a property to be deemed a nuisance. The order requires the owner to make the repairs or take other action within a reasonable time set by the public officer.

The two types of nuisance are private nuisance and public nuisance.

Respondents can not seek cover under the general welfare clause authorizing the abatement of nuisances without judicial proceedings. That tenet applies to a nuisance per se, or one which affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity.

The following is a partial (non-inclusive) list of such items: pocket knives, cap guns, fireworks, smoke bombs, matches/lighters, stink bombs, water guns, water balloons, playing cards, frisbees, or electronic devices, nuisance jewelry such as chains, and sharp or other dangerous/nuisance items.

Nuisance, in law, a human activity or a physical condition that is harmful or offensive to others and gives rise to a cause of action. A public nuisance created in a public place or on public land, or affecting the morals, safety, or health of the community, is considered an offense against the state.

A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.

A nuisance per accidens is one which depends upon certain conditions and circumstances, and its existence being a question of fact, it cannot be abated without due hearing thereon in a tribunal authorized to decide whether such a thing does in law constitute a nuisance.

The lapse of time cannot legalize any nuisance, whether public or private. A private person aggrieved by a public nuisance has the following remedies: (a) prosecution under the Penal Code or any local ordinance; (b) civil action; or (c) abatement of the public nuisance, without judicial proceedings.

Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures.

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Consideration of Resolution No. 11 – 2016 setting the property tax request;. A reasonable time within which to complete the abatement.† EDITOR'S NOTE: A suggested form of notice for the abatement of nuisances is included in the. Sale in the case of delinquency as is provided for ordinary county taxes. 6. 2 Service of Notice of Nuisance and Order to Abate. In a written notice given to the CEO before the meeting; or. (b) at the meeting immediately before the matter is discussed.

Travis Texas Matters to be Considered in Drafting a Notice and/or Request to Abate a Nuisance

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Interesting Questions

Who is Travis Matters and why would someone draft a notice or request to abate a nuisance for him?

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What are the potential consequences of a nuisance caused by Travis Matters?

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