What is the definition of public nuisance in land use law?
Public nuisance in land use law is defined as an activity or condition that interferes with the use and enjoyment of land by the public or a significant portion of the public. It is a form of legally prohibited activity or condition that is either natural or created by a person, and harms the health, safety, morals, comfort, or welfare of the public. Examples of public nuisances in California land use law include activities such as operating a junkyard or a pile of debris that interferes with human use of the land, or an artificial condition such as a toxic waste dump. In addition, public nuisances can be violations of zoning ordinances or other land use laws, such as building in a protected wetland area. Other examples include operating a business without the necessary permits and engaging in activities that create a noise nuisance. Public nuisances can be remedied by either eliminating the activity or condition creating the nuisance or by mitigating or restraining it to prevent it from continuing or recurring. However, when a public nuisance is not abated, the public or a governmental entity may be able to seek monetary damages or an injunction to stop the activity.
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