No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
NuisancePublic Nuisances
Section § 3490
You can't make a public nuisance acceptable just because it has been there for a long time if it blocks public rights.
public nuisance actual obstruction public right
Section § 3491
If there is a public nuisance, you can address it in three main ways: criminal charges, a civil lawsuit, or by removing the problem directly (called abatement).
The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement.
public nuisance indictment information
Section § 3492
This law says that if someone is accused of a crime, the process of formally charging them – either through an indictment or information – follows the rules set out in the Penal Code.
The remedy by indictment or information is regulated by the Penal Code.
indictment information Penal Code
Section § 3493
If something that bothers the general public causes you a special harm that's different from everyone else, you can take legal action. Otherwise, you can't.
A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
public nuisance private person action special injury
Section § 3494
If something is causing harm or disturbance to the public, a government agency or official who has the legal power can take action to stop it.
A public nuisance may be abated by any public body or officer authorized thereto by law.
public nuisance abatement government agency
Section § 3494.5
In California, if a property owner voluntarily takes part in a lead paint abatement program, they, along with public entities, are protected from being sued to recover costs related to the program. Simply applying or completing actions for such a program counts as participating. Participation doesn't imply the property is a nuisance or substandard. This protection doesn't change the owner's responsibility to maintain their property or limit tenant rights if lead paint is present. This law also defines terms like lead paint abatement programs and responsible parties.
(a)Copy CA Civil Law Code § 3494.5(a)
(1)Copy CA Civil Law Code § 3494.5(a)(1) A property owner who voluntarily participates in a lead paint abatement program, and all public entities, shall be immune from liability in any lawsuit where a responsible party seeks to recover any cost associated with a lead paint abatement program from a property owner or public entity.
(2)CA Civil Law Code § 3494.5(a)(2) For purposes of this subdivision, participation in a lead paint abatement program may be as limited as submission of an application to a lead paint abatement program or as extensive as completion of all activities conducted pursuant to a lead paint abatement program.
(b)Copy CA Civil Law Code § 3494.5(b)
(1)Copy CA Civil Law Code § 3494.5(b)(1) A property owner’s participation in a lead paint abatement program shall not be evidence that the participating property is any of the following:
(A)CA Civil Law Code § 3494.5(b)(1)(A) A nuisance.
(B)CA Civil Law Code § 3494.5(b)(1)(B) Substandard under Section 17920.3 of the Health and Safety Code or is in violation of Section 17920.10 of the Health and Safety Code, to the extent that those sections apply to lead-based paint or other substandard conditions controlled utilizing program funds.
(C)CA Civil Law Code § 3494.5(b)(1)(C) Untenantable under Section 1941.1 of the Civil Code, as that section applies to lead-based paint or other
conditions controlled utilizing program funds.
(2)CA Civil Law Code § 3494.5(b)(2) For the purposes of this subdivision, “participation in a lead paint abatement program” means that a property has been voluntarily enrolled in a lead paint abatement program, qualifies for inspection and services, is deemed to contain actionable lead-based paint, and has been satisfactorily abated, is in the process of being satisfactorily abated, or is awaiting abatement under the lead paint abatement program.
(c)CA Civil Law Code § 3494.5(c) For the purposes of this section:
(1)CA Civil Law Code § 3494.5(c)(1) “Lead paint abatement program” means a program that satisfies both of the following:
(A)CA Civil Law Code § 3494.5(c)(1)(A) The program is created to abate lead-based paint.
(B)CA Civil Law Code § 3494.5(c)(1)(B) The program is created as a result of a judgment or settlement in any public nuisance or similar litigation.
(2)CA Civil Law Code § 3494.5(c)(2) “Property owner” means the property owner as well as all agents or employees thereof acting within the course and scope of their agency or employment.
(3)CA Civil Law Code § 3494.5(c)(3) “Public entities” includes the state, the Regents of the University of California, the Trustees of the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, including any employees or agents thereof acting within the course and scope of their employment or agency.
(4)CA Civil Law Code § 3494.5(c)(4) “Responsible party” means
a private party legally responsible for the inspection costs, abatement costs, or any other costs associated with a lead paint abatement program.
(d)CA Civil Law Code § 3494.5(d) This section shall not alter existing obligations on homeowners to maintain their property under applicable law or otherwise limit a tenant’s legal remedies for addressing the presence of lead paint on a dwelling.
lead paint abatement immunity from liability public entities
Section § 3495
If something in your area is causing you harm and is considered a public nuisance, you are allowed to deal with it by getting rid of it, as long as you don't break any laws or cause more harm than needed to fix the problem.
Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
public nuisance specially injurious abate
Section § 3496
If a governmental agency goes to court to stop certain activities, and they win, the court can make the losing side pay for some of the costs involved, like investigation fees and reasonable lawyer fees. This applies to cases involving the sale or showing of obscene material, illegal gambling, prostitution, human trafficking, the unlawful use of buildings for these activities, or the illegal handling of drugs and alcohol.
In any of the following described cases, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, which are not compensated for pursuant to some other provision of law, to the prevailing party:
(a)CA Civil Law Code § 3496(a) In any case in which a governmental agency seeks to enjoin the sale, distribution, or public exhibition, for
commercial consideration, of obscene matter, as defined in Section 311 of the Penal Code.
(b)CA Civil Law Code § 3496(b) In any case in which a governmental agency seeks to enjoin the use of a building or place for the purpose of illegal gambling, lewdness, assignation, human trafficking, or prostitution; or any case in which a governmental agency seeks to enjoin acts of illegal gambling, lewdness, assignation, human trafficking, or prostitution in or upon a building or place, as authorized in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
(c)CA Civil Law Code § 3496(c) In any case in which a governmental agency seeks to enjoin the use of a building or place, or seeks to enjoin in or upon any building or place the unlawful sale, manufacture, service, storage, or keeping or giving away of any controlled substance, as authorized in Article 3 (commencing with Section 11570) of Chapter 10
of Division 10 of the Health and Safety Code.
(d)CA Civil Law Code § 3496(d) In any case in which a governmental agency seeks to enjoin the unlawful sale, service, storage, or keeping or giving away of alcoholic liquor, as authorized in Article 1 (commencing with Section 11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
obscene material injunction governmental agency
