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 Florida, nuisance laws are designed to protect the health, safety, and welfare of the public by addressing conditions or activities that interfere with the use and enjoyment of property. Florida Statutes grant local governments the authority to regulate nuisances within their jurisdictions. This includes the power to require property owners to abate nuisances, such as loud noises, foul odors, unsightly conditions, and illegal activities. If a property owner fails to comply with orders to remedy a nuisance, the local government may intervene directly, which could involve cleaning up the property, making necessary repairs, or even demolishing dangerous structures. Additionally, local ordinances often provide detailed regulations on nuisance abatement, including the ability to impose fines, place liens on the property, and take legal action against non-compliant property owners. Local code enforcement departments are typically responsible for enforcing these regulations and may also have the authority to restrict access to properties that pose a nuisance.