Chapter 4.30
PRIVATE NUISANCE ABATEMENT
Sections:
4.30.020 Private nuisance abatement.
4.30.010 PRIVATE NUISANCE.
No person on private property shall engage in any activity or create any condition which unreasonably disturbs, or would tend to unreasonably disturb, a person of reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this chapter, an unreasonably disturbing activity or condition shall include the emission of harsh, prolonged or unusual lighting from privately owned property, the emission of unreasonably loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property.
(Ord. 2006-20 § 1 (part), 2006).
4.30.020 PRIVATE NUISANCE ABATEMENT.
(a) Subject to the requirement of subsection (b), any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in Section 4.30.010 may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance.
(b) Any person who intends to institute a private nuisance lawsuit pursuant to subsection (a) shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (a) may be initiated.
(Ord. 2006-20 § 1 (part), 2006).