130A-19. Abatement of public health nuisance.
(a) If the Secretary or a local health director determines that a public health nuisance exists, the Secretary or a local health director may issue an order of abatement directing the owner, lessee, operator or other person in control of the property to take any action necessary to abate the public health nuisance. If the person refuses to comply with the order, the Secretary or the local health director may institute an action in the superior court of the county where the public health nuisance exists to enforce the order. The action shall be calendared for trial within 60 days after service of the complaint upon the defendant. The court may order the owner to abate the nuisance or direct the Secretary or the local health director to abate the nuisance. If the Secretary or the local health director is ordered to abate the nuisance, the Department or the local health department shall have a lien on the property for the costs of the abatement of the nuisance in the nature of a mechanic's and materialmen's lien as provided in Chapter 44A of the General Statutes and the lien may be enforced as provided therein.
(b) The Secretary of Environmental Quality and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Articles 9 and 10 of this Chapter. (1893, c. 214, s. 22; Rev., ss. 3446, 4450; 1911, c. 62, ss. 12, 13; 1913, c. 181, s. 3; C.S., ss. 7071, 7072; 1957, c. 1357, s. 1; 1983, c. 891, s. 2; 1997-443, s. 11A.62; 2006-255, s. 13.5; 2011-145, s. 13.3(tt); 2015-241, s. 14.30(v).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 1 - Definitions, General Provisions and Remedies.
§ 130A-1.1 - Mission and essential services.
§ 130A-3 - Appointment of the State Health Director.
§ 130A-4.1 - State funds for maternal and child health care/nonsupplanting.
§ 130A-4.2 - State funds for health promotion/nonsupplanting.
§ 130A-4.3 - State funds for school nurses.
§ 130A-4.4 - Funds for AIDS Drug Assistance Program[Effective until January 1, 2023]
§ 130A-5 - Duties of the Secretary.
§ 130A-5.1 - State health standards.
§ 130A-6 - Delegation of authority.
§ 130A-10 - Advisory Committees.
§ 130A-11 - Residencies in public health.
§ 130A-12 - Confidentiality of records.
§ 130A-14 - Department may assist private nonprofit foundations.
§ 130A-15 - Access to information.
§ 130A-16 - Collection and reporting of race and ethnicity data.
§ 130A-19 - Abatement of public health nuisance.
§ 130A-20 - Abatement of an imminent hazard[Effective until January 1, 2023]
§ 130A-20.01 - Action for the recovery of costs of hazardous materials emergency medical response.
§ 130A-22 - Administrative penalties.
§ 130A-23 - Suspension and revocation of permits and program participation.
§ 130A-24 - Appeals procedure.
§ 130A-25 - Misdemeanor[Effective until January 1, 2023]
§ 130A-26.1 - Criminal violation of Article 9.
§ 130A-26.2 - Penalty for false reporting under Article 9.
§ 130A-26.3 - Limitations period for certain groundwater contamination actions.
§ 130A-26.4 - Violations of Article 4.
§ 130A-26A - Recodified as G.S130A-26.4 by Session Laws 2018-142, s17.