Does a violation of the Municipal nuisance ordinance constitute a public nuisance?
California, United States of America
The following excerpt is from Flahive v. City of Dana Point, 72 Cal.App.4th 241, 85 Cal.Rptr.2d 51 (Cal. App. 1999):
4 The City's designation of a nuisance does not necessarily make it so (Leppo v. City of Petaluma (1971) 20 Cal.App.3d 711, 718, 97 Cal.Rptr. 840), but Flahive does not contest the point. In any event, as we shall discuss, a violation of the ordinance fits the definition of a public nuisance.
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