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Utah Nuisance Law

A nuisance in Utah is defined as “anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoying of life or property.” Utah Code 78B-6-1101.

Here is a brief outline and summary of Utah Nuisance Law.

Definition of nuisance (subsection 1) Examples of things that can be considered a nuisance (subsection 2) Secondhand smoke drifting into rental units as a nuisance (subsection 3) Exceptions where secondhand smoke is not considered a nuisance (subsections 4 and 5) Who can file a nuisance lawsuit (subsection 6) Nuisance lawsuits against farms follow different rules (subsection 7)

Summaries:

A nuisance is something that causes harm, is offensive, or gets in the way of enjoying your property. It can be illegal. Some examples of possible nuisances are drug houses, gambling, gang activity, loud party houses, and prostitution. Cigarette smoke the drifts into a rental home from another unit can be a nuisance. This doesn’t apply to vacation or short term rentals. If smoke drifts in more than once over a week period for 2 weeks in a row, you may be able to sue. You can only sue if the smoke bothers you and makes it harder to enjoy your rental. Different rules apply if the nuisance is from a farm operation.

Definition of Nuisance (Subsection 1)

A nuisance is defined broadly as anything that: Is harmful to health Is indecent Is offensive to the senses Obstructs the free use of property Interferes with the comfortable enjoyment of life or property A nuisance is a valid cause of action under which someone can file a lawsuit Examples of Things Considered a Nuisance (Subsection 2)

Several statutes are cited defining specific things that constitute nuisance under Utah law:

Drug houses and drug dealing Gambling operations Criminal activity committed by 3 or more persons Criminal activity related to street gangs To gain membership or status in a gang Or directed by a gang Frequently loud party houses Prostitution operations Secondhand Smoke as a Nuisance (Subsection 3)

Tobacco smoke that drifts from one residential or commercial unit into another rented, leased, or owned unit can qualify as a nuisance Specific criteria: Must drift into the unit more than once in each of two or more consecutive 7-day periods Must interfere with the comfortable enjoyment of life or property of the affected unit Exceptions (Subsections 4 and 5)

Does not apply to temporary vacation rentals or rentals less than 30 days Does not apply to hotel/motel rooms Does not apply to timeshare units Who Can File a Lawsuit (Subsection 6)

A person whose property is negatively affected or whose personal enjoyment is lessened due to the nuisance Farm Nuisances (Subsection 7)

Nuisance lawsuits against agricultural operations follow different rules under Title 4, Chapter 44 of Utah law

Nuisance law is complex with many specifics under Utah statutes. Any person or company considering filing a nuisance lawsuit should consult a qualified Utah attorney to review the details of their situation and determine whether they have a valid case. The attorney can advise on the best course of action.

Once recent case in Utah involving nuisance law is Steffensen-WC, LLC v. Volunteers of Am. of Utah, Inc., 2016 UT App 49.

This case involves an appeal by Steffensen-WC of the dismissal of its lawsuit against Volunteers of America (VOA) regarding VOA’s plans to build a homeless shelter on property adjacent to Steffensen-WC’s apartment building. Steffensen-WC alleged that the planned shelter would create a private nuisance. Steffensen-WC unsuccessfully argued that the homeless shelter was an “anticipated nuisance” because the shelter had not yet been built.

The key issues on appeal were: 1) whether the court had jurisdiction despite Steffensen-WC’s failure to exhaust administrative remedies (the court found the exhaustion requirement did not apply to the VOA claims); 2) whether the district court erred in allowing and relying on VOA’s reply brief on the motion to dismiss (the court found the reply brief appropriately rebutted matters raised by Steffensen-WC); and 3) whether Steffensen-WC sufficiently pleaded a claim for anticipatory nuisance (the court found Steffensen-WC had not).

On the third issue, the appeals court outlined the elements required for anticipatory nuisance claims in other jurisdictions, noting the high burden of proof. The court affirmed the dismissal, finding that Steffensen-WC focused its complaint on a private nuisance claim and did not provide fair notice of an anticipatory nuisance claim or allege required elements of such a claim.

The appeals court determined the exhaustion requirement did not deprive it of jurisdiction, found no error in the district court’s consideration of briefing, and affirmed the dismissal for failure to adequately plead a claim for relief under a theory of anticipatory nuisance.

When you need legal help with a nuisance lawyer in Utah, call attorney Jeremy Eveland (801) 613-1472. He might be able to help you.

Areas We Serve

We serve individuals and businesses in the following locations:

Salt Lake City Utah West Valley City Utah Provo Utah West Jordan Utah Orem Utah Sandy Utah Ogden Utah St. George Utah Layton Utah South Jordan Utah Lehi Utah Millcreek Utah Taylorsville Utah Logan Utah Murray Utah Draper Utah Bountiful Utah Riverton Utah Herriman Utah Spanish Fork Utah Roy Utah Pleasant Grove Utah Kearns Utah Tooele Utah Cottonwood Heights Utah Midvale Utah Springville Utah Eagle Mountain Utah Cedar City Utah Kaysville Utah Clearfield Utah Holladay Utah American Fork Utah Syracuse Utah Saratoga Springs Utah Magna Utah Washington Utah South Salt Lake Utah Farmington Utah Clinton Utah North Salt Lake Utah Payson Utah North Ogden Utah Brigham City Utah Highland Utah Centerville Utah Hurricane Utah South Ogden Utah Heber Utah West Haven Utah Bluffdale Utah Santaquin Utah Smithfield Utah Woods Cross Utah Grantsville Utah Lindon Utah North Logan Utah West Point Utah Vernal Utah Alpine Utah Cedar Hills Utah Pleasant View Utah Mapleton Utah Stansbury Par Utah Washington Terrace Utah Riverdale Utah Hooper Utah Tremonton Utah Ivins Utah Park City Utah Price Utah Hyrum Utah Summit Park Utah Salem Utah Richfield Utah Santa Clara Utah Providence Utah South Weber Utah Vineyard Utah Ephraim Utah Roosevelt Utah Farr West Utah Plain City Utah Nibley Utah Enoch Utah Harrisville Utah Snyderville Utah Fruit Heights Utah Nephi Utah White City Utah West Bountiful Utah Sunset Utah Moab Utah Midway Utah Perry Utah Kanab Utah Hyde Park Utah Silver Summit Utah La Verkin Utah Morgan Utah

Real Estate Nuisance Law Consultation

When you need help from an Real Estate Lawyer in Utah, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

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Read more here https://jeremyeveland.com/utah-nuisance-law/

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This is what’s in my head instead of a brain, btw.