NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 590

HOUSE BILL 765

 

 

AN ACT TO AMEND CHAPTER 19 OF THE GENERAL STATUTES RELATING TO PUBLIC NUISANCES IN MCDOWELL COUNTY.

 

The General Assembly of North Carolina do enact:

 

Section 1. G. S. 19-2, as the same appears in Volume IC of the General Statutes, is hereby amended by adding at the end thereof the following:

"Provided, that, in McDowell County, whenever a nuisance is kept, maintained, or exists as defined in G. S. 19-1, the prosecuting attorney of any city, county, or district court, the solicitor, or any citizen of the county may maintain civil action in the name of the State of North Carolina upon the relation of such prosecuting attorney of any city, county, or district court, solicitor, or citizen, to perpetually enjoin said nuisance, the person or persons conducting or maintaining the same, and the owner or agent of the building or ground upon which said nuisance exists."

Sec. 2. G. S. 19-5, as the same appears in Volume 1C of the General Statutes, is hereby amended by adding at the end thereof the following:

"Provided, that, in McDowell County, if any building shall be adjudged to be a nuisance on two or more occasions within a five-year period, the order may provide that the period of closing be for a period of not to exceed three years unless sooner released."

Sec. 3. G. S. 19-6, as the same appears in Volume 1C of the General Statutes, is hereby amended by adding at the end thereof the following:

"Provided, that, in McDowell County, the proceeds of the sale of the personal property, as provided in G. S. 19-5, shall be applied in the payment of the cost of action and abatement and to remiburse the county for all costs advanced by it, and the balance, if any, shall be paid to the defendant."

Sec. 4. G. S. 19-8, as the same appears in Volume 1C of the General Statutes, is hereby amended by adding at the end thereof the following:

"Provided, that, in McDowell County, the court shall tax as part of the costs in any action brought hereunder such fee for the attorney prosecuting the action or proceedings as may in the court's discretion be reasonable compensation for the services performed by such attorney. Such fee shall be advanced by the county out of the general fund of the county, and the county shall be reimbursed therefor from the proceeds of the sale as provided by G. S. 19-6."

Sec. 5. This Act shall apply only to McDowell County.

Sec. 6. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7. This Act shall be in full force and effect from and after its ratification,

In the General Assembly read three times and ratified, this the 21st day of May, 1959.