§ 162A-86. Formation of district; hearing. - North Carolina Statutes

Article 6.

County Water and Sewer Districts.

§ 162A‑86.  Formation of district; hearing.

(a)        The board of commissioners of any county may create a countywater and sewer district.

(a1)      The governing board of a consolidated city‑county, asdefined by G.S. 160B‑2(1), may create a water and sewer district pursuantto this Article. For the purposes of this Article, the term "board ofcounty commissioners" shall also mean the governing board of aconsolidated city‑county and the term "county water and sewer district"also means a water and sewer district created by the governing board of aconsolidated city‑county.

(b)        Before creating such a district, the board of commissionersshall hold a public hearing. Notice of the hearing shall state the date, hour,and place of the hearing and its subject and shall set forth a description ofthe territory to be included within the proposed district. The notice shall bepublished once a week for three weeks in a newspaper that circulates in theproposed district and in addition shall be posted in at least three publicplaces in the district. The notice shall be posted and published the first timenot less than 20 days before the hearing.

(b1)      Before creating such a district, the board of commissionersshall hold a public hearing. Notice of the hearing shall state the date, hour,and place of the hearing and its subject and shall set forth a description ofthe territory to be included within the proposed district. The notice shall bepublished once in a newspaper that circulates in the proposed district and inaddition shall be posted in at least three public places in the district. Thenotice shall be posted and published not more than 30 nor less than 14 daysbefore the hearing. The newspaper notice and the public hearing may cover morethan one district covered by this subsection.

This subsection applies only when the local Health Director or theState Health Director has certified that there is a present or imminent seriouspublic health hazard caused by the failure of a low‑pressure pipe sewersystem within the area of the proposed district, and in such case the board ofcommissioners may proceed either under subsection (a) of this section or underthis subsection.

(c)        At the public hearing, the commissioners shall hear all interestedpersons and may adjourn the hearing from time to time. (1977, c. 466, s. 1; 1979, c. 624, ss. 2, 3; 1993(Reg. Sess., 1994), c. 696, s. 1; c. 714, s. 1; 1995, c. 461, s. 7.)