North Carolina § 19-2 - 1. Action for abatement; injunction.

§ 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 county may maintain a civil action in the name of the State of North Carolina to abate a nuisance under this Chapter, perpetually to enjoin all persons from maintaining the same, and to enjoin the use of any structure or thing adjudged to be a nuisance under this Chapter; provided, however, that no private citizen may maintain such action where the alleged nuisance involves the illegal possession or sale of obscene or lewd matter. Upon request from the Attorney General, district attorney, county or municipality, including the sheriff or chief of police of any county or municipality, the Alcohol Law Enforcement Division of the Department of Public Safety or any other law enforcement agency with jurisdiction may investigate alleged public nuisances and make recommendations regarding actions to abate the public nuisances. If an action is instituted by a private person, the complainant shall execute a bond prior to the issuance of a restraining order or a temporary injunction, with good and sufficient surety to be approved by the court or clerk thereof, in the sum of not less than one thousand dollars ($1,000), to secure to the party enjoined the damages he may sustain 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 the temporary restraining order or preliminary injunction ought not to have been granted. The party enjoined shall have recourse against said bond for all damages suffered, including damages to his property, person, or character and including reasonable attorney's fees incurred by him in making defense to said action. No bond shall be required of the prosecuting attorney, the Attorney General, county, or municipality, and no action shall be maintained against any public official or public entity, their employees, or agents for investigating or maintaining an action for abatement of a nuisance under the provisions of this Chapter. History (1977, c. 819, s. 4; 1995, c. 528, s. 1; 1999-371, s. 5; 2011-145, s. 19.1(g), (n); 2014-100, s. 17.1(xxx); 2019-203, s. 9(a).) Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), (n), effective January 1, 2012, in the second paragraph, substituted "Alcohol Law Enforcement Section" for "Alcohol Law Enforcement Division" and substituted "Public Safety" for "Crime Control and Public Safety." Session Laws 2014-100, s. 17.1(xxx), effective July 1, 2014, substituted "Branch" for "Section" in the second paragraph. Session Laws 2019-203, s. 9(a), effective October 1, 2019, substituted "Division" for "Branch" in the second paragraph. Legal Periodicals. - For article, "The Common Law Powers of the Attorney General of North Carolina," see 9 N.C. Cent. L.J. 1 (1977). For comment on taxpayers' actions, see 13 Wake Forest L. Rev. 397 (1977). For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1088 (1981). For note on control of obscenity through enforcement of a nuisance statute, see 4 Campbell L. Rev. 139 (1981). For survey of 1981 constitutional law, see 60 N.C.L. Rev. 1272 (1982). For comment discussing the constitutionality of North Carolina's nuisance abatement statute, see 61 N.C.L. Rev. 685 (1983).