I have been searching for an answer to this question: What can I do
about a neighbor who has let his property become so overgrown with
weeds that it is destroying my property value?  I have been ssearching
for legal advice using search terms like "residential property rights"
etc.(further info: all aspects of property run down - pool, shed -
increase in probability of Lime disease (increased weeds = more ticks
> chance of Lime disease.  Further - sstanding water on swimming pool
increases number of mosquitoes, increasing the possibility of West
Nile Virus.)

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Request for Question Clarification by lot-ga on 31 Jul 2002 15:45 PDT

Hello,
which State or Country are you in?
Thanks lot-ga

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Request for Question Clarification by missy-ga on 31 Jul 2002 16:02 PDT

Hi there!

I'm working on your question, and would be greatly aided if you could
tell me your city, county and state.

Thanks!

--Missy

Hello, voyager646,

You have my sympathies.  

Some years ago, my aunt had to deal with such a neighbor.  She and
other neighbors filed a "nuisance abatement" action with both the
city's Health Department and the Nuisance Abatement committee.  City
health and nuisance abatement inspectors came out, declared the place
uninhabitable and a public health hazard, and gave the owner 7 days to
clean up.  When he failed to comply, they ordered him out, condemned
the house, and tore it down.

Hopefully, your neighbor isn't quite *that* bad, and a citation from
the city will convince him to reform.

Here is how PrarieLaw.com describes nuisance abatement:

"A nuisance is a use of property causing injury to others.

* A private nuisance is an unreasonable interference with the use and
enjoyment of property of another, usually an adjoining landowner.
* A public nuisance is one which may cause a broader, more general
harm to the public.

A nuisance may be stopped, or "abated," by a legal action, usually
brought by a private property owner against an adjacent property
owner. An action to abate a public nuisance may also be brought by
government."

[...]

"In a private nuisance action brought by an adjoining property owner,
determining whether a particular activity constitutes a nuisance
usually revolves around the question of whether the defendant’s use of
the property is "unreasonable" under the circumstances. Determining
what is an "unreasonable" use of a particular property usually
involves, either explicitly or implicitly, consideration of the
character of the surrounding area and whether the particular use
preexisted the presence of the complaining party."

Nuisance Abatement
http://www.prairielaw.com/articles/article.asp?channelId=16&articleId=1251

The State of Idaho offers a good general overview of what is
considered a nuisance:

"Generally, in Idaho, a nuisance is defined as anything which is
injurious to health or morals, or is indecent, or offensive to the
senses, or an obstruction to the free use of property, so as to
interfere with the comfortable enjoyment of life or property, or which
unlawfully obstructs the free passage or use, in the customary manner,
of any navigable lake, or river, stream, canal, or
basin, or any public park, square, street, or highway.57 A nuisance
suit may be brought by any person whose property is injured, or whose
personal enjoyment is lessened by a nuisance. The individual is
entitled to damages and the nuisance may be enjoined or abated.

A public nuisance is one which affects at the same time an entire
community or
neighborhood, or any considerable number of persons, although the
extent of the annoyance or damage inflicted upon individuals may be
unequal. It can be remedied criminally, civilly, or by abatement.
Public nuisances can be controlled by suit of a private person or the
state. In addition, private persons may abate the nuisance if it is
specially injurious to them by removing or, if necessary, destroying
the nuisance without committing a breach of the peace or doing
unnecessary injury."

Nuisance (requires Acrobat Reader)
http://www.nasda.org/nasda/nasda/Foundation/state/id/id-eight.pdf

Nuisance abatement is typically addressed by state statutes for
general definitions, and handled at the city and/or county level for
specific nuisances.  In my hometown, complaints such as yours are
handled by city and county health inspectors, as well as a city
council appointed Nuisance Abatement Committee.  These personnel
enforce state and local nuisance abatement laws, which includes
ordering derelict property owners to clean up and tearing down those
buildings declared uninhabitable.

Please note that this is general information only.  Nuisance abatement
statutes vary from state to state, and sometimes from city to city. 
Your area may not have a local Nuisance Abatement authority, it may be
handled at the county level instead.

You can find your Nuisance Abatement authority in the "Government"
pages of your local telephone directory, or, if you tell me your city
and state, I can track them down for you.

I hope this helps you get in touch with the proper authorities!  If I
can be of further assistance, please don't hesitate to ask.  I'll be
happy to help.


--Missy

Search terms: [ "public nuisance" abatement ]

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Request for Answer Clarification by voyager646-ga on 31 Jul 2002 19:24 PDT

Actually this is a question clarification for lot-ga and Missy-ga (I
could't find the "question clarification botton" I just got ratings!)
I live in Chester County Pennsylvania,USA.  good luck. voyager

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Clarification of Answer by missy-ga on 31 Jul 2002 20:43 PDT

Hi there!

The Pennsylvania Consolidated Statutes are rather...user
unfriendly...but it appears that nuisance abatement is handled at the
local level in PA.  What city are you in, please, so I can locate the
relevant office?

Thanks!

--Missy

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Request for Answer Clarification by voyager646-ga on 01 Aug 2002 09:58 PDT

This is a question clarification for Missy-ga.  I live in East
Fallowfield township.  It has some relationship to Coatesville, PA - a
nearby city.  The township told us all they could do was send a letter
but had no way to enforce anything!  We have contacted West Chester -
the Chester County seat, but the inspector was not permitted on the
property.  Fortunately a good deal of the mess can be seen without
going on to the property.  All they were able to do was to send a
letter to clean the pool area (the department of health is only
interested in West Nile Virus) - so even if he cleans the pool a
horrendus mess will remain and we have no reason to think that the
pool will return to its prior (sorry to have written so much - I'm
kind of at my wits end).

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Clarification of Answer by missy-ga on 01 Aug 2002 12:22 PDT

Hi voyager,

No need to apologize for writing so much, I'd be just as frustrated!

I just spoke with Blanche in the East Fallowfield Township offices
(610-384-7144).  She says that you need to speak with the officer of
Buildings, Codes and Zoning.

His name is Tom Lowry, and you can contact him at 610-692-9232.  Mr.
Lowry is responsible for enforcing Township codes dealing with
nuisances and nuisance abatement.

I wish you luck!

--Missy

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Clarification of Answer by missy-ga on 01 Aug 2002 16:03 PDT

Hi voyager,

In response to your comment below, there is a place to do so.  You
need to log into your account, then go to the question page.  There
will be a button on the right, next to the "Request Answer
Clarification" button, as in the screenshot below:

http://www.darkfriends.net/~answers/rate1.jpg

Just click that and follow the prompts.

My colleagues and I were just discussing what the customers see
yesterday, so I asked a question myself, in order to take screenshots.

If you have any difficulties with the site at all or have an idea how
to improve the interface, let us know, so we can pass it along to the
People In Charge.

Thank you for your kind comments, it's been a pleasure to work for
you.

--Missy

Well as far as I'm concerned if 5 stars is the highest, you eaisly get
all 5 stars in gold.  Your work has been of inestimable value because
now I know not
only what needs to be done but I know how to proceed!  Thank you so
much for the information and especially for the personal touch you
added. Voyager

Do not look to a LEGAL PROCESS.  It's costly and could go on for
years.  The lawyers love this... they make money.  IF ALL ELSE FAILS,
including my suggetsion to maintain their property, BUY THE PROPERTY
using a downpayment otherwise used to pay legal fees.  YOU MAINTAIN
THE EQUITY.  YOU FIX THE PROBLEM.

If you can't afford to buy it... maybe you ought to OFFER TO HELP YOUR
NEIGHBOR FOR FREE.

COME BCK TO LIFE.  MONEY ISN'T EVERYTHING.

To:tummolo

My wife who loves to garden actually went to this guy by way  of doing
"a good Christian act"; the man told her to "get (her) ass off his
property (she) was trespassing".  We were going to do it for "free"
and further planned to have the company we use to haul our lawn
trimmings thke his mess.  In this community we all have about an acre
of grass and mostly all of us take care of our lawn - a few have a
lawn care company do the work.  We're middle class, we can't afford to
buy his property - even if he were to sell.  As it stands now we can't
let our kids down that area because of the ticks and mosquitoes.  The
neighbor on the other side can't sleep because of the frogs (in-groung
pool - not used, cleaned or even uncovered since last owner moved away
six years ago.  We may have to move in a year due to my job.  Most
people would love our house and property, but walk away once seeing
wat is next door.  Thanks for your well meaning comment.

Your community may have anti-blight ordinances to prevent neighbors
such as yours from running down property values. Check with the city
or township attorney to see if they file civil infraction or even
criminal misdemeanor charges in cases such as this. (If you live in a
city, check with the city attorney. If you live outside of a city,
check with the township.)

based on your response... it may seem your neighbor has deep-seated
emotional problems.  If his land is a REAL health threat you may be
able to access a cleanup based on he/she being "a threat to themselves
or others."

Check with the local social services agency.  The LAST thing you want
to do is hire a lawyer.

good luck.

To: Missy

I thought there would be a place for me to rate the work you've done,
but maybe Google dosen't do that any more.  Well as far as I'm
concerned if 5 stars is the highest, you eaisly get all 5 stars in
gold.  Your work has been of inestimable value because now I know not
only what needs to be done but I know how to proceed!  Thank you so
much for the information and especially for the personal touch you
added. Voyager