§139‑11. Nonobservance of prescribed regulations; performance of workunder the regulations by the supervisors.
Where the supervisors of anydistrict shall find that any of the provisions of land‑use regulationsprescribed in an ordinance adopted in accordance with the provisions of G.S.139‑9 are not being observed on particular lands, and that suchnonobservance tends to increase erosion on such lands and its interfering withthe prevention of control of erosion on other lands within the district, the supervisorsmay present to the superior court for the county or counties within which thelands of the defendant lie a petition, duly verified, setting forth theadoption of the ordinance prescribing land‑ use regulations, the failureof the defendant land occupier to observe such regulations, and to performparticular work, operations, or avoidances as required thereby, and that suchnonobservance tends to increase erosion on such lands and is interfering withthe prevention or control of erosion on other lands within the district, andpraying the court to require the defendant to perform the work, operations, oravoidances within a reasonable time and to order that if the defendant shallfail so to perform, the supervisors may go on the land, perform the work orother operations or otherwise bring the condition of such lands intoconformity with the requirements of such regulations, and recover the cost andexpenses thereof, with interest, from the occupier of such land. Upon thepresentation of such petition, the court shall cause process to be issuedagainst the defendant, and shall hear the case. If it appear to the court thattestimony is necessary for the proper disposition of the matter, it may takeevidence, or appoint a referee to take such evidence as it may direct andreport the same to the court with his findings of fact and conclusions of law,which shall constitute a part of the proceedings upon which the determinationof the court shall be made. The court may dismiss the petition, or it may requirethe defendant to perform the work, operations, or avoidances, and may providethat upon the failure of the defendant to initiate such performance within thetime specified in the order of the court, and to prosecute the same tocompletion with reasonable diligence, the supervisors may enter upon the landsinvolved and perform the work or operations or otherwise bring the condition ofsuch lands into conformity with the requirements of the regulations and recoverthe costs and expenses thereof, with interest at the rate of five per centum(5%) per annum, from the occupier of such lands.
The court shall retainjurisdiction of the case until after the work has been completed. Uponcompletion of such work pursuant to such order of the court the supervisors mayfile a petition with the court, a copy of which shall be served upon thedefendant in the case, stating the costs and expenses sustained by them in theperformance of the work and praying judgment therefor with interest. The courtshall have jurisdiction to enter judgment for the amount of such costs andexpenses, with interest at the rate of five per centum (5%) per annum untilpaid, together with the costs of suit, including a reasonable attorney's fee tobe fixed by the court. This judgment, when filed in accordance with theprovisions of G.S. 1‑234, shall constitute a lien upon such lands. (1937,c. 393, s. 11.)
§139‑11. Nonobservance of prescribed regulations; performance of workunder the regulations by the supervisors.
Where the supervisors of anydistrict shall find that any of the provisions of land‑use regulationsprescribed in an ordinance adopted in accordance with the provisions of G.S.139‑9 are not being observed on particular lands, and that suchnonobservance tends to increase erosion on such lands and its interfering withthe prevention of control of erosion on other lands within the district, the supervisorsmay present to the superior court for the county or counties within which thelands of the defendant lie a petition, duly verified, setting forth theadoption of the ordinance prescribing land‑ use regulations, the failureof the defendant land occupier to observe such regulations, and to performparticular work, operations, or avoidances as required thereby, and that suchnonobservance tends to increase erosion on such lands and is interfering withthe prevention or control of erosion on other lands within the district, andpraying the court to require the defendant to perform the work, operations, oravoidances within a reasonable time and to order that if the defendant shallfail so to perform, the supervisors may go on the land, perform the work orother operations or otherwise bring the condition of such lands intoconformity with the requirements of such regulations, and recover the cost andexpenses thereof, with interest, from the occupier of such land. Upon thepresentation of such petition, the court shall cause process to be issuedagainst the defendant, and shall hear the case. If it appear to the court thattestimony is necessary for the proper disposition of the matter, it may takeevidence, or appoint a referee to take such evidence as it may direct andreport the same to the court with his findings of fact and conclusions of law,which shall constitute a part of the proceedings upon which the determinationof the court shall be made. The court may dismiss the petition, or it may requirethe defendant to perform the work, operations, or avoidances, and may providethat upon the failure of the defendant to initiate such performance within thetime specified in the order of the court, and to prosecute the same tocompletion with reasonable diligence, the supervisors may enter upon the landsinvolved and perform the work or operations or otherwise bring the condition ofsuch lands into conformity with the requirements of the regulations and recoverthe costs and expenses thereof, with interest at the rate of five per centum(5%) per annum, from the occupier of such lands.
The court shall retainjurisdiction of the case until after the work has been completed. Uponcompletion of such work pursuant to such order of the court the supervisors mayfile a petition with the court, a copy of which shall be served upon thedefendant in the case, stating the costs and expenses sustained by them in theperformance of the work and praying judgment therefor with interest. The courtshall have jurisdiction to enter judgment for the amount of such costs andexpenses, with interest at the rate of five per centum (5%) per annum untilpaid, together with the costs of suit, including a reasonable attorney's fee tobe fixed by the court. This judgment, when filed in accordance with theprovisions of G.S. 1‑234, shall constitute a lien upon such lands. (1937,c. 393, s. 11.)
§139‑11. Nonobservance of prescribed regulations; performance of workunder the regulations by the supervisors.
Where the supervisors of anydistrict shall find that any of the provisions of land‑use regulationsprescribed in an ordinance adopted in accordance with the provisions of G.S.139‑9 are not being observed on particular lands, and that suchnonobservance tends to increase erosion on such lands and its interfering withthe prevention of control of erosion on other lands within the district, the supervisorsmay present to the superior court for the county or counties within which thelands of the defendant lie a petition, duly verified, setting forth theadoption of the ordinance prescribing land‑ use regulations, the failureof the defendant land occupier to observe such regulations, and to performparticular work, operations, or avoidances as required thereby, and that suchnonobservance tends to increase erosion on such lands and is interfering withthe prevention or control of erosion on other lands within the district, andpraying the court to require the defendant to perform the work, operations, oravoidances within a reasonable time and to order that if the defendant shallfail so to perform, the supervisors may go on the land, perform the work orother operations or otherwise bring the condition of such lands intoconformity with the requirements of such regulations, and recover the cost andexpenses thereof, with interest, from the occupier of such land. Upon thepresentation of such petition, the court shall cause process to be issuedagainst the defendant, and shall hear the case. If it appear to the court thattestimony is necessary for the proper disposition of the matter, it may takeevidence, or appoint a referee to take such evidence as it may direct andreport the same to the court with his findings of fact and conclusions of law,which shall constitute a part of the proceedings upon which the determinationof the court shall be made. The court may dismiss the petition, or it may requirethe defendant to perform the work, operations, or avoidances, and may providethat upon the failure of the defendant to initiate such performance within thetime specified in the order of the court, and to prosecute the same tocompletion with reasonable diligence, the supervisors may enter upon the landsinvolved and perform the work or operations or otherwise bring the condition ofsuch lands into conformity with the requirements of the regulations and recoverthe costs and expenses thereof, with interest at the rate of five per centum(5%) per annum, from the occupier of such lands.
The court shall retainjurisdiction of the case until after the work has been completed. Uponcompletion of such work pursuant to such order of the court the supervisors mayfile a petition with the court, a copy of which shall be served upon thedefendant in the case, stating the costs and expenses sustained by them in theperformance of the work and praying judgment therefor with interest. The courtshall have jurisdiction to enter judgment for the amount of such costs andexpenses, with interest at the rate of five per centum (5%) per annum untilpaid, together with the costs of suit, including a reasonable attorney's fee tobe fixed by the court. This judgment, when filed in accordance with theprovisions of G.S. 1‑234, shall constitute a lien upon such lands. (1937,c. 393, s. 11.)
