§ 130A-20. Abatement of an imminent hazard. - North Carolina Statutes

§ 130A‑20.  Abatement ofan imminent hazard.

(a)        If the Secretary ora local health director determines that an imminent hazard exists, theSecretary or a local health director may order the owner, lessee, operator, orother person in control of the property to abate the imminent hazard or may,after notice to or reasonable attempt to notify the owner, lessee, operator, orother person in control of the property enter upon any property and take anyaction necessary to abate the imminent hazard. If the Secretary or a localhealth director abates the imminent hazard, the Department or the local healthdepartment shall have a lien on the property of the owner, lessee, operator, orother person in control of the property where the imminent hazard existed for thecost of the abatement of the imminent hazard. The lien may be enforced inaccordance with procedures provided in Chapter 44A of the General Statutes. Thelien may be defeated by a showing that an imminent hazard did not exist at thetime the Secretary or the local health director took the action. The owner,lessee, operator, or any other person against whose property the lien has beenfiled may defeat the lien by showing that that person was not culpable in thecreation of the imminent hazard.

(b)        The Secretary ofEnvironment and Natural Resources and a local health director shall have thesame rights enumerated in subsection (a) of this section to enforce theprovisions of Part 4 of Article 5 and Articles 8, 9, 10, 11, and 12 of thisChapter. (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.63; 2002‑179, s. 6; 2006‑255, s. 13.6.)