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Civil Code
Section 3479-3484
Nuisance - General Principles
3479. Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or
is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.
3480. A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable
number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
3481. Every nuisance not included in the definition of the last section is private.
3482. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
3483. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property,
created by a former owner, is liable therefor in the same manner as the one who first created it.
3484. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
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Penal Code
Title 10 – Of Crimes Against the Public Health and Safety
Sections 370 – 373a
Public Nuisance
370. Section Three Hundred and Seventy. Anything which is injurious to health, or is indecent, or offensive to the senses,
or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an
entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use,
in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street,
or highway, is a public nuisance.
371. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in
the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
372. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed,
or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.
373a. Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises,
and every person occupying or leasing the property or premises of another who maintains, permits or allows a public nuisance
to exist thereon, after reasonable notice in writing from a health officer or district attorney or city attorney or prosecuting
attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall
be punished accordingly; and the existence of such nuisance for each and every day after the service of such notice shall
be deemed a separate and distinct offense, and it is hereby made the duty of the district attorney, or the city attorney of
any city the charter of which imposes the duty upon the city attorney to prosecute state misdemeanors, to prosecute all persons
guilty of violating this section by continuous prosecutions until the nuisance is abated and removed.
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