Florida/Georgia Personal Injury & Workers Compensation

...ingly entered judgment for appellants on this claim. As to the nuisance claim, such an action is dependent upon an interference with the plaintiff's health, comfort, safety, or proprietary rights. See generally, 38 Fla.Jur. Nuisances, § 1; also see § 386.041, Florida Statutes....

...rous to persons in the vicinity, was aware of the damages that could result from its discharges, and knew that it was causing physical injury and damage to plaintiff and other persons in the vicinity. *952 Although the complaint does not mention it, Section 386.041(1)(a), Florida Statutes (1977), makes it a misdemeanor to permit or cause the emission of gases and noisome odors which are harmful to human or animal life....

...1 As this court held in Marathon Trailerama, Inc. v. Dep’t of Health & Rehab. Servs., 487 So.2d 73, 74 (Fla. 3d DCA 1986), “the use of common cesspools in itself involves permitting the presence of ‘untreated ... human waste’ on [Crane’s] property which, under section 386.041(1)(a), Florida Statutes ..., is ‘pri-ma facie evidence’ of a sanitary nuisance .......

...Crane failed to remedy the health hazard in the 18 months since the issuance of the original violation citations. Thus, the court properly entered the injunction to abate the nuisance by closing the resort until Crane installs a proper sewage treatment system. See §§ 386.041(2); 381.0012, Fla....

...511 , 139 So.2d 632 (1962) ; State ex rel. State Sanitary Authority v. Pacific Meat Company, 226 Or. 494 , 360 P.2d 634 (1961). Every industrial plant must be maintained so that it is not a nuisance or it can be closed. Seaboard Rendering Co. v. Conlon, supra; Fla.Stat. § 386.041(1) (a), F.S.A....

...ste to a facility which does not have a current and valid permit as required by law. Count II charges a violation of section 387.07 which prohibits the willful or malicious defiling or corruption of any water source. Count III charges a violation of section 386.041 which provides that certain conditions permitted or maintained shall be prima facie evidence of maintaining a nuisance injurious to health, among which are those conditions charged in Count III, to wit, production and disposal of dang...

...required allegation of actual harm, an element of that charge. Dismissal of Count IV was also error. REVERSED and REMANDED for further proceedings. COBB and DANIEL, JJ., concur. . § 403.727(3)(b), Fla.Stat. (1983). . § 387.08, Fla.Stat. (1983). . § 386.041, Fla.Stat....

...ly absorbed into the ground and water table. We affirm the order under review upon the holding that the use of common cesspools in itself involves permitting the presence of “untreated ... human waste” on the appellant’s property which-, under section 386.041(l)(a), Florida Statutes (1983), 3 is “prima facie evidence” of a sanitary nuisance and is thus, without more, sufficient to support the ultimate determination to that effect below....

...Since the cesspools themselves are thus by definition vio-lative of the statute, it does not matter if, as the trailer park contends, it in fact periodically pumped them out and diligently corrected any overflows of effluent onto the surface or backups into the toilets. Nor do we agree that the special treatment *75 in section 386.041(l)(b) of “privies” — which, it is argued, likewise do not involve the treatment of human waste 4 but which are not forbidden unless they are “improperly built or maintained” [e.s.] — conflicts with or detracts from the broad and surely salutary prohibition of untreated human waste in section 386.041(l)(a)....

...y Code of Florida and for the violation of any of the provisions of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation. .Section 386.041 provides: Nuisances injurious to health.— (1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie...