Legal Definitions - recurrent nuisance

A recurrent nuisance refers to a situation or activity that repeatedly or intermittently interferes with someone's ability to use and enjoy their property, or that negatively impacts a community.

Unlike a one-time event, a recurrent nuisance is characterized by its persistence or regular reoccurrence, causing ongoing disturbance, inconvenience, or harm.

• Example 1: Persistent Noise from a Commercial Establishment

  Imagine a new nightclub that opens in a mixed-use neighborhood. Every Friday and Saturday night, the club's live music and patrons' noise levels are excessively loud, vibrating through nearby residential buildings until the early hours of the morning. Residents consistently complain about disrupted sleep and an inability to enjoy the peace of their homes during these times.

  This is a recurrent nuisance because the excessive noise is not an isolated incident but a predictable, repeated occurrence (every weekend) that significantly and consistently interferes with the residents' fundamental right to quiet enjoyment of their property.

• Example 2: Intermittent Odors from an Industrial Facility

  Consider a chemical processing plant located near a residential area. Due to a specific part of its manufacturing process, the plant releases strong, unpleasant chemical odors into the air for several hours, typically on two or three non-consecutive days each week. These fumes are not constant but occur regularly enough to make it difficult for nearby residents to spend time outdoors, open their windows, or even feel comfortable inside their homes on those days.

  This scenario illustrates a recurrent nuisance because the noxious odors, while not constant, are released repeatedly and predictably over time, consistently impairing the health, comfort, and ability of the community to enjoy their properties without significant environmental interference.

• Example 3: Repeated Obstruction of Public Access

  A local construction company frequently parks its large equipment and delivery trucks on a public street, blocking a significant portion of the sidewalk and occasionally the entrance to a small business for several hours, multiple times a week. This forces pedestrians, including those with strollers or wheelchairs, to walk into the street to get around the obstruction, and it deters customers from easily accessing the business.

  This constitutes a recurrent nuisance because the obstruction of public access and the interference with the business's operations are not one-off events but happen repeatedly and regularly. The company's actions consistently impede the public's right to safe passage and the business's right to operate without undue interference.