(A) Subject to the requirement of subsection (B), any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition existing on private property as defined in § 12.17.01(A) may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance.
(B) Any person who intends to institute a private nuisance lawsuit pursuant to subsection (A) shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (A) may be initiated.
(Ord. 1809, passed 2-21-24)