Over the years, Arizona lawyers have successfully argued that excessively bright lights, loud noises, and bad odors are a nuisance. Other examples could be intrusive air pollution or normal noise at unusual times. Of course, whether you want to end a nuisance on a property in your area or if your property is accused of being a nuisance, the best course of action is to consult a qualified lawyer. And if you`re looking to invest in real estate in Tempe or elsewhere in the state of Arizona, Provident Law`s real estate lawyers are ready to help. We structure, negotiate and document a variety of real estate and financing transactions such as leases, purchase and sale agreements, loans and development contracts for a variety of commercial and residential projects, and we can help you avoid “getting in the way”. Contact us for more details. Overall, crime rates in the U.S. have declined during the coronavirus shutdown. As social distancing has become the norm and the economy is at a standstill, there are fewer opportunities to commit a crime.
However, domestic violence and public harassment have increased in Arizona. The lawyers at Harper Law PLC in Arizona have years of experience dealing with nuisance law issues in Arizona. Do not hesitate to call us and arrange a consultation if we can help you in any way. B. It is a public nuisance for any person to sell, offer, sell, transmit, exchange or disseminate an obscene item within the meaning of article 13-3501, within a radius of two thousand feet, measured in a straight line, from the line closest to any of the following: B. Buildings, structures or utilities designated by the Superintendent of the Housing Services Division as unsafe and as an imminent danger to the health, safety or well-being of the citizens of the City of Phoenix, or buildings, structures or land that are in a condition that presents an immediate fire hazard, as determined by the Fire Marshal, constitute a public nuisance subject to a summary reduction, either by repairing, cleaning and removing the disputed materials, or by preventing access by boarding or other appropriate means. Complaints of public harassment are handled by law enforcement and are considered a public nuisance if they affect the entire community or a large part of the citizens. Examples of public harassment include: C. If it is determined that any of the conditions set out in Section (B) are met by the designated officer, that officer is hereby authorized to summarily reduce harassment in one of the above ways, and the cost of such reduction will be certified to the Treasurer of the City who will collect the amount due. as well as interest on them at the rate fixed by law, by the owner of the property in question or by the person or persons entitled to immediate possession of the property. (Code 1962, § 27-47; Ord. Nr.
G-1496, § 1) Public harassment differs in that the lawsuit is often brought by an entire group of people who can prove that the allegedly wrongful party used their property had a negative impact on the life or use of the group`s property. (This is often the case, for example, for companies that set up nearby and make things like pesticides or fertilizers that cause noise, harmful gases, and water pollution.) But just because a property can be considered a nuisance does not mean that its owner can be forced to cease operations at no cost to the plaintiff. An important case in harassment law in Arizona is taught in property courses at law schools across the country. Spur Industries v. Del E. Webb Development Co. is about the idea of “being in a nuisance.” In this case, it was concluded that if the “offensive” use of property existed before the complainant arrived, the complaining party cannot seek a fair remedy from the disruptive owner. (In this case, Del Webb built Sun City near a cattle feedlot and then complained to the court that the stench and flies it produced were a nuisance, hoping that the feedlot would be forced to cease operations. But the Arizona Supreme Court ruled in part in favor of the feedlot owner, saying that even if the feedlot effects could now be considered a nuisance, Webb would have to offset the cost of the feedlot owner closing or relocating his business because Webb created the problem by building a populated residential real estate community near the nuisance.) Unfortunately, despite decades of debate and numerous court decisions dealing with what is and is not a nuisance, it is still not entirely clear what exactly is a nuisance. What is obvious is that whether or not something is a nuisance depends on the facts and the unique circumstances of each case. Based on these facts and circumstances, the judge or jury decides whether the disputed activity unreasonably interferes with the free use, possession or use of the property.
If you have a neighbor who is a nuisance, you should contact an experienced Arizona real estate attorney to see if legal action is needed or to confirm that your planned course of action does not expose you to liability yourself. While a solution can often be worked out after a well-reasoned letter of formal notice from an Arizona real estate attorney, legal action is sometimes necessary. If you have been charged with a Class 2 offence in Scottsdale for public harassment, you must hire an experienced lawyer. Class 2 offences can result in fines, probation, community service, reparations and even possible prison sentences. Ensure your rights and interests are represented by hiring an experienced Scottsdale attorney to handle your public harassment allegation. According to ARS 13-2917, it is a public nuisance when behavior leads to one or more of the following outcomes for a community: A complaint arizona real estate attorneys often hear is about intrusive vegetation. Perhaps surprisingly, most courts have ruled that the penetration of branches and the fall of leaves are not a nuisance unless the intrusion causes significant damage. Instead, the courts suggest that the remedy is simply to treat the intrusion yourself by pruning branches or any other vegetation that lie beyond your property line. This is allowed even if the offending neighbor does not approve of it or if the corrective action kills the plants. One. It is a public nuisance and is nonetheless a nuisance because the extent of the nuisance or damage caused is uneven for everything: if you are found guilty of having committed a public nuisance, or if necessary, you can be charged with a Class 2 offense in the state of Arizona.
Any person who knowingly maintains or commits a public nuisance, or who knowingly fails or refuses to comply with a legal obligation related to the elimination of a public nuisance, is guilty of a Class 2 offence. Your neighbor or neighbors can`t claim that you`re breaking harassment laws for perceived claims, such as: because they believe you trained your pet to go to the bathroom in their garden, or that the lights turn on in their home when you intentionally turn the corner. To be considered an allegation of public harassment, the act must be intentional, interfere with their lives, and be proven. Disputes between neighbors are not new, and while they can cause a tense life situation, they can also lead to legal problems. For example, if your neighbor claims that you engage in activities that may reduce the value of their property, negatively affect their environment, or affect their overall happiness, they may try to file a lawsuit against you under Arizona`s public harassment laws. One. Anything that is harmful to health or indecent or that offends the senses or hinders the free use of the property in order to interfere with the comfortable enjoyment of life or property by a significant number of people or to illegally obstruct a public road, alley, sidewalk or road is declared a nuisance and may be mitigated by order of the municipal court. Any person who commits or perpetuates harassment is guilty of an offence. Arizona law – through the Common Law Tort and Nuisance Statute – recognizes the concept that one party`s use of its property may affect another party`s ability to use its property.
Sometimes this effect is negative from the point of view of this last part. This negative effect can occur in the form of a devaluation of nearby properties by ruining air quality (since air tends to diffuse from one property to another before its molecules dissolve) and so on. However, anything that bothers an owner is not classified as a nuisance. Complaints of private and public harassment can be filed with law enforcement. The difference is that a private nuisance has a negative effect on a person or a small number of people. While a public harassment complaint has a broader scope and usually has a negative impact on an entire community. Private harassment is a complaint filed by one landlord against another and is usually dealt with by a civil court, which often results in the alleged use of a property being found to be a nuisance, either in a court order ordering that the abuse of property be stopped immediately, or in a sum of money being paid to the plaintiff. Sometimes both. In Arizona, you can sue your neighbor if he or she causes a nuisance, and if the judge or jury agrees with your position, the court can order the neighbor to stop all actions that constitute harassment and/or award damages. While complaints of private harassment are also handled by law enforcement, they will have a negative impact on a smaller number of people rather than the wider community. Examples of complaints of private harassment include: There are two broad categories of harassment: “private” harassment and “public” harassment.