160A-193. Abatement of public health nuisances.
(a) A city shall have authority to summarily remove, abate, or remedy everything in the city limits, or within one mile thereof, that is dangerous or prejudicial to the public health or public safety. Pursuant to this section, the governing board of a city may order the removal of a swimming pool and its appurtenances upon a finding that the swimming pool or its appurtenances is dangerous or prejudicial to public health or safety. The expense of the action shall be paid by the person in default. If the expense is not paid, it is a lien on the land or premises where the nuisance occurred. A lien established pursuant to this subsection shall have the same priority and be collected as unpaid ad valorem taxes.
(b) The expense of the action is also a lien on any other real property owned by the person in default within the city limits or within one mile of the city limits, except for the person's primary residence. A lien established pursuant to this subsection is inferior to all prior liens and shall be collected as a money judgment. This subsection shall not apply if the person in default can show that the nuisance was created solely by the actions of another.
(c) The authority granted by this section does not authorize the application of a city ordinance banning or otherwise limiting outdoor burning to persons living within one mile of the city, unless the city provides those persons with either (i) trash and yard waste collection services or (ii) access to solid waste dropoff sites on the same basis as city residents. (1917, c. 136, subch. 7, s. 4; C.S., s. 2800; 1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 20; 2001-448, s. 1; 2002-116, s. 3; 2014-120, s. 24(h).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 160A - Cities and Towns
Article 8 - Delegation and Exercise of the General Police Power.
§ 160A-174 - General ordinance-making power.
§ 160A-175 - Enforcement of ordinances.
§ 160A-176 - Ordinances effective on city property outside limits.
§ 160A-176.1 - Ordinances effective in Atlantic Ocean.
§ 160A-176.2 - Ordinances effective in Atlantic Ocean.
§ 160A-177 - Enumeration not exclusive.
§ 160A-178 - Regulation of solicitation campaigns, flea markets and itinerant merchants.
§ 160A-179 - Regulation of begging.
§ 160A-180 - Regulation of aircraft overflights.
§ 160A-181 - Regulation of places of amusement.
§ 160A-182 - Abuse of animals.
§ 160A-183 - Regulation of explosive, corrosive, inflammable, or radioactive substances.
§ 160A-184 - Noise regulation.
§ 160A-185 - Emission of pollutants or contaminants.
§ 160A-186 - Regulation of domestic animals.
§ 160A-187 - Possession or harboring of dangerous animals.
§ 160A-188 - Bird sanctuaries.
§ 160A-191 - Limitations on enactment of Sunday-closing ordinances.
§ 160A-193 - Abatement of public health nuisances.
§ 160A-193.1 - Stream-clearing programs.
§ 160A-194 - Regulating and licensing businesses, trades, etc.
§ 160A-202 - Limitations on regulating cisterns and rain barrels.
§ 160A-203 - Limitations on regulating soft drink sizes.
§ 160A-203.1 - Limitations on standards of care for farm animals.
§ 160A-203.2 - Limitations on regulation of catering by bona fide farms.
§ 160A-204 - Transportation impact mitigation ordinances prohibited.
§ 160A-205 - Cities enforce ordinances within public trust areas.
§ 160A-205.1 - Requiring compliance with voluntary State regulations and rules prohibited.
§ 160A-205.2 - Adoption of sanctuary ordinances prohibited.
§ 160A-205.3 - Hours of certain alcohol sales.
§ 160A-205.4 - Authorization of social districts.
§ 160A-205.5 - Authorization of expanded area for ABC licensed premises.