Hoarding disorder, as defined by the Mayo Clinic, is a mental illness characterized by the persistent difficulty discarding or parting with possessions, regardless of their actual value. This often leads to living spaces becoming cluttered to the point of unusability. In some severe cases, individuals may keep dozens or hundreds of pets in unsanitary conditions because they cannot care for them properly.
Hoarding presents significant health and safety risks, not only to the individuals affected but also to their neighbors. When hoarding behaviors affect others, they can escalate to a criminal offense known as a “public nuisance.” In California, under Penal Code 372 and 373a PC, it is a crime to:
- Maintain or commit a public nuisance;
- Willfully fail to perform any legal duty to remove a public nuisance; or
- Maintain, permit, or allow a public nuisance to exist on property you own or control.
A “public nuisance” in Los Angeles is defined as anything that:
- Is injurious to health, indecent, offensive to the senses, or obstructive to the free use of property; and
- Interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons.
If a hoarder’s property is cluttered with garbage, furniture, boxes, or other hazards visible to the public, it can be deemed a public nuisance. Similarly, if the unsanitary conditions produce odors offensive to neighbors, public nuisance charges may be brought against the property owner.
Creating or allowing a public nuisance in Los Angeles is classified as a misdemeanor. Penalties for conviction can include:
- Misdemeanor (summary) probation;
- Up to six months in county jail; and/or
- A fine of up to one thousand dollars ($1,000), plus an additional fine of two hundred dollars ($200).
Hoarding is a serious illness requiring proper treatment and support. However, it can also lead to legal consequences. If you or a loved one faces charges related to hoarding in California, contact our experienced California criminal defense attorneys to discuss your situation.
