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Is there a law in CA that allows you to take a house or property,that is a severve...

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icancub | eNotes Newbie

Posted November 22, 2008 at 8:25 AM via web

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Is there a law in CA that allows you to take a house or property,that is a severve condition? Is it under a nuisance law?

There is a house next to mine that the man died over a year ago. The swimming pool has had to be treated for mosq. The grounds are overwhelming with debries. There has not been anyone, to date to look at or attend to. I would like to make claim to the house myself and clean it up.

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urthona | (Level 1) Assistant Educator

Posted November 23, 2008 at 9:38 PM (Answer #1)

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County or municipality laws usually cover nuisances. For example, here’s the text of a Glendora, California, ordinance on swimming pools:

It is a nuisance and unlawful for any person to keep in the city . . . a swimming pool, spa or hot tub in a foul, noxious, filthy or stagnant condition. The water . . . must be kept sufficiently clear that the bottom will be visible at all times.

A nuisance can be a public nuisance (a threat to the community’s health, safety, welfare), a private nuisance (causing neighbors the loss of enjoyment of their property), or both.

As a first step, you could find out who now owns or manages the property and contact that person. The city or county clerk should be able to provide the owner of record. As a first legal step, you may want to contact the city or county to file a complaint. They will likely investigate and then seek appropriate remedial action by the owner without you getting involved. If this doesn’t work, you can take legal action on your own, filing for an injunction that compels the owner to rectify the nuisances you describe.

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.

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