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<br /> § 130A-18 I 130A-19 CH. 130A.PUBLIC HEALTH § 130A-21
<br /> i
<br /> .ealth or mental Cross References.-For similar provision,
<br /> :h are otherwise ma t 130-205.
<br /> e basis. (1977,c.
<br /> ! 130A-19. Abatement of public health nuisance.
<br /> If the Secretary or a local health director determines that a public health
<br /> nuisance exists,the Secretary or a local health director may issue an order of
<br /> dards governing Abatement directing the owner,lessee,operator or other person in control of the 4
<br /> Al health depart property to take any action necessary to abate the public health nuisance. If t
<br /> 504, s. 15; 1983, the person refuses to comply with the order, the Secretary or the local health ''.T
<br /> director may institute an action in the superior court of the county where the
<br /> c.
<br /> public health nuisance exists to enforce the order. The action shall be calen-
<br /> dared for trial within 60 days after service of the complaint upon the defendant. '
<br /> The court may order the owner to abate the nuisance or direct the Secretary
<br /> .s many special or the local health director to abate the nuisance. If the Secretary or the local .5
<br /> with the Depart- health director is ordered to abate the nuisance, the Department or the local
<br /> 'isory committee health department shall have a lien on the property for the costs of the abate-
<br /> and subsistence meet of the nuisance in the nature of a mechanic's and materialmen's lien as
<br /> )75,c.281; 1983, provided in Chapter 44A of the General Statutes and the lien may be enforced
<br /> as provided therein.(1893,c.214,s.22;Rev.,ss.3446,4450; 1911,c.62,ss. 12, '
<br /> 13;1913,c. 181,s.3;C.S.,ss. 7071,7072; 1957,c. 1357,s. 1; 1983,c.891,s.2.)
<br /> igned to attract
<br /> rain them in the
<br /> CASE NOTES ■ r
<br /> practical experi- s..
<br /> . 1; 1983, c. 891, County May Not Initiate Action.-As the Use of property by the State may not be
<br /> ewer to initiate action to abate a public nui- enjoined by the courts as a nuisance where the
<br /> race is vested in the local health director, a use of the property is in a manner authorized by '
<br /> u ges, aunty may not proceed without him. Warren valid legislative authority. Warren County V.
<br /> ■n
<br /> p County v. North Carolina, 528 F. Supp. 276 North Carolina, 528 F. Supp. 276 (E.D.N.C.
<br /> E.D.N.C. 1981), decided under former 1981),decided under former§ 130-20.
<br /> 1130-20. 't
<br /> 1;.
<br /> 1 130A-20. Abatement of an imminent hazard. c:
<br /> a
<br /> it of entry upon If the Secretary or a local health director determines that an imminent .
<br /> ,t the provisions hazard exists, the Secretary or a local health director may, after notice to or
<br /> a local board of reasonable attempt to notify the owner,enter upon any progeny and take any -
<br /> tive search and Action necessary to abate the imminent hazard. The Department or the local
<br /> . However, if an health department shall have a lien on the property for the cost of the abate-
<br /> gn the premises. sent of the imminent hazard in the nature of a mechanic's and materialmen's
<br /> lien as provided in Chapter 44A and the lien may be enforced as provided
<br /> therein.The lien may be defeated by a showing that an imminent hazard did ,
<br /> pot exist at the time the Secretary or the local health director took the action.
<br /> •
<br /> '1893,c. 214,s. 22;Rev.,ss. 3446,4450; 1911,c. 62,ss. 12, 13; 1913,c. 181,s.
<br /> 3;C.S.,ss. 7071, 7072; 1957, c. 1357, s. 1; 1983, c. 891, s. 2.)
<br /> f 130A-21. Embargo.
<br /> Le rules adopted (a) The Secretary and a local health director has authority to exercise
<br /> z, the Secretary embargo authority concerning food or drink pursuant to G.S. 106-125(a), (b)
<br /> relief,irrespec• and(c)when delegated the authority by the Commissioner of Agriculture.
<br /> aunty where the (b) If the Secretary or a local health director has probable cause to believe
<br /> s. 2') that any milk designated as Grade"A"milk is misbranded or does not satisfy
<br /> the milk sanitation rules adopted pursuant to G.S. 130A-275,the Secretary or
<br /> a local health director may detain or embargo the milk by affixing a tag to it .
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