{"id":"DUT-NC-002","kind":"duty","level":"state","jurisdiction":"North Carolina","state":"NC","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of North Carolina","authority":"G.S. ch. 130A (Public Health), Article 1 (Definitions, General Provisions and Remedies)","instrument":"N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of \u0027imminent hazard\u0027, \u0027isolation authority\u0027, \u0027person\u0027, \u0027quarantine authority\u0027), sec. 130A-17 (right of entry), sec. 130A-18 (injunction), sec. 130A-19 (abatement of public health nuisance), sec. 130A-20 (abatement of an imminent hazard), sec. 130A-23 (suspension and revocation of permits) and sec. 130A-25 (misdemeanor)","title":"Public Health: definitions, enforcement, nuisance and imminent-hazard abatement, permits, criminal penalty","dateIssued":"2020-10-20","effective":"standing throughout 2020-2021","end":"standing","startDate":"2020-10-20","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE","COND"],"addressees":["owners, lessees, operators and persons in control of premises; permit holders (food and lodging establishments and other permitted facilities); persons generally"],"clause":"If the Secretary or a local health director determines that an imminent hazard exists, the Secretary or a local health director may order the owner, lessee, operator, or other person in control of the property to abate the imminent hazard or may, after notice to or reasonable attempt to notify the owner... enter upon any property and take any action necessary to abate the imminent hazard.","enforcement":"Misdemeanor (sec. 130A-25(a)); imprisonment up to two years for violation of sec. 130A-144(f) or sec. 130A-145 (sec. 130A-25(b)); injunction (sec. 130A-18); lien for abatement costs (sec. 130A-20(a))","functions":[],"notes":"The owner, lessee, operator or other person in control of property must abate a public health nuisance or an imminent hazard (\u0027a situation that is likely to cause an immediate threat to human life... or an immediate threat of serious adverse health effects\u0027, sec. 130A-2(3)) on the order of the Secretary or a local health director, who may enter without a warrant when an imminent hazard exists (sec. 130A-17(a)), obtain an injunction for any violation of the Chapter, the Commission\u0027s rules or \u0027a condition or term of a permit or order issued under this Chapter\u0027 (sec. 130A-18(a)), and suspend or revoke a permit (sec. 130A-23); \u0027a person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be guilty of a misdemeanor\u0027 (sec. 130A-25(a)).","sourceUrl":"https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_130A/Article_1.pdf","snapshot":"https://web.archive.org/web/20201020092457/https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_130A/Article_1.pdf","fileExists":true,"fileBytes":382742,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-NC","url":"/library/DUT-NC-002","exhibitUrl":"/exhibit/DUT-NC-002","citation":"General Assembly of North Carolina, N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of \u0027imminent hazard\u0027, \u0027isolation authority\u0027, \u0027person\u0027, \u0027quarantine authority\u0027), sec. 130A-17 (right of entry), sec. 130A-18 (injunction), sec. 130A-19 (abatement of public health nuisance), sec. 130A-20 (abatement of an imminent hazard), sec. 130A-23 (suspension and revocation of permits) and sec. 130A-25 (misdemeanor) (standing) (Ex. DUT-NC-002)","stateName":"North Carolina","related":["NC-003","NC-010","NC-067","DUT-NC-017","DUT-NC-018","DUT-NC-001","DUT-NC-007","DUT-NC-010","DUT-NC-011"]}