State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_19 > GS_19-2_1

§19‑2.1.  Action for abatement; injunction.

Wherever a nuisance is kept,maintained, or exists, as defined in this Article, the Attorney General,district attorney, county, municipality, or any private citizen of the countymay maintain a civil action in the name of the State of North Carolina to abatea nuisance under this Chapter, perpetually to enjoin all persons frommaintaining the same, and to enjoin the use of any structure or thing adjudgedto be a nuisance under this Chapter; provided, however, that no private citizenmay maintain such action where the alleged nuisance involves the illegalpossession or sale of obscene or lewd matter.

Upon request from the AttorneyGeneral, district attorney, county or municipality, including the sheriff orchief of police of any county or municipality, the Alcohol Law EnforcementDivision of the Department of Crime Control and Public Safety or any other lawenforcement agency with jurisdiction may investigate alleged public nuisancesand make recommendations regarding actions to abate the public nuisances.

If an action is instituted bya private person, the complainant shall execute a bond prior to the issuance ofa restraining order or a temporary injunction, with good and sufficient suretyto be approved by the court or clerk thereof, in the sum of not less than onethousand dollars ($1,000), to secure to the party enjoined the damages he maysustain if such action is wrongfully brought, not prosecuted to final judgment,or is dismissed, or is not maintained, or if it is finally decided that thetemporary restraining order or preliminary injunction ought not to have beengranted. The party enjoined shall have recourse against said bond for alldamages suffered, including damages to his property, person, or character andincluding reasonable attorney's fees incurred by him in making defense to saidaction. No bond shall be required of the prosecuting attorney, the AttorneyGeneral, county, or municipality, and no action shall be maintained against anypublic official or public entity, their employees, or agents for investigatingor maintaining an action for abatement of a nuisance under the provisions ofthis Chapter. (1977, c. 819, s. 4; 1995, c. 528, s. 1; 1999‑371,s. 5.)