GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 564

Short Title:        Statewide Nuisance Notice Authority.		(Public)
Sponsors:	Senators Davis;  Goss, Hartsell, Jenkins, Jones, Malone, McKissick, Stein, Stevens, Swindell, and Weinstein.
Referred to:	State and Local Government.

March 12, 2009

A BILL TO BE ENTITLED

AN ACT to authorize all municipalities and counties to give annual notice to chronic violators of their public nuisance ordinances.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:

"§ 160A‑200.1. Annual notice to chronic violators of public nuisance ordinance.

A city may notify a chronic violator of the city's public nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the city shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice shall be served by registered or certified mail. A chronic violator is a person who owns property whereupon, in the previous calendar year, the city gave notice of violation at least three times under any provision of the public nuisance ordinance."

SECTION 2.  Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A‑140.2. Annual notice to chronic violators of public nuisance ordinance.

A county may notify a chronic violator of the county's public nuisance ordinance that, if the violator's property is found to be in violation of the ordinance, the county shall, without further notice in the calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice shall be served by registered or certified mail. A chronic violator is a person who owns property whereupon, in the previous calendar year, the county gave notice of violation at least three times under any provision of the public nuisance ordinance."

SECTION 3.  S.L. 2005‑44, S.L. 2007‑3, S.L. 2007‑254, and S.L. 2008‑23 are repealed.

SECTION 4.  This act is effective when it becomes law.