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Ex. DUT-NC-002 Standing duty Primary source read

N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of 'imminent hazard', 'isolation authority', 'person', 'quarantine authority'), 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)

Public Health: definitions, enforcement, nuisance and imminent-hazard abatement, permits, criminal penalty

General Assembly of North Carolina · North Carolina (State)

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The record

Jurisdiction
North Carolina
Level
State
Authority
G.S. ch. 130A (Public Health), Article 1 (Definitions, General Provisions and Remedies)
Issued
2020-10-20 Oct. 20, 2020
Effective
standing throughout 2020-2021 (read as 2020-10-20)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 20, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • owners, lessees, operators and persons in control of premises; permit holders (food and lodging establishments and other permitted facilities); persons generally
Character
sanitary code duty
Collection
Standing duties: North Carolina DUT-NC

Operative words

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.

Penalty

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))

What it required

The owner, lessee, operator or other person in control of property must abate a public health nuisance or an imminent hazard ('a situation that is likely to cause an immediate threat to human life... or an immediate threat of serious adverse health effects', 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's rules or 'a condition or term of a permit or order issued under this Chapter' (sec. 130A-18(a)), and suspend or revoke a permit (sec. 130A-23); 'a 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' (sec. 130A-25(a)).

Retrieval note

Wayback Machine capture of Oct. 20, 2020: the text in force during the quarters. Sec. 130A-20 was the vehicle for the NCDHHS abatement orders of Mar. 17 and May 4, 2020 on restaurant and bar seating areas (recited in EO 118 sec. 1(a)(iv), Ex. NC-003, and EO 138 sec. 6(A)(3)(a), Ex. NC-010; index row NC-067) and of June 8, 2020 closing Ace Speedway (Exs. DUT-NC-017, DUT-NC-018).