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Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section 80(2) of the Environmental Protection Act 1990 (EPA 1990)).
In principle, a statutory nuisance need occur only once for an abatement notice to be served, provided the local authority is satisfied that it is likely to recur.
Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on:
the person responsible for the nuisance
the owner of the premises where the nuisance arises from any defect of the structural character of the premises, or
the owner or occupier of the premises where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred
Where more than one person is responsible, a notice may be served on each of them whether or not that which any one of them
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