{"id":"DUT-ND-010","kind":"duty","level":"state","jurisdiction":"North Dakota","state":"ND","metro":"","industry":"","agency":"","eco":"","issuer":"Legislative Assembly of North Dakota (codified statute)","authority":"N.D.C.C. title 42 (Nuisances), ch. 42-01 (Nuisances Generally)","instrument":"N.D.C.C. 42-01-01, 42-01-06, 42-01-07, 42-01-09, 42-01-13, 42-01-15","title":"Nuisance - definition; public nuisance - definition; public nuisance - remedies against; abatement by public officer; liability of successive owners; maintaining public nuisance - penalty","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","CLOSE"],"addressees":["persons generally; owners and successive owners of property (42-01-13); businesses open to the public"],"clause":"A nuisance consists in unlawfully doing an act or omitting to perform a duty, which act or omission: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of others... Every person who maintains or commits any public nuisance... or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class A misdemeanor.","enforcement":"Class A misdemeanor (42-01-15): 360 days and $3,000 for an individual, $30,000 for an organization (Ex. DUT-ND-006); abatement; civil action","functions":[],"notes":"An unlawful act or an omission to perform a duty that \u0027endangers the... health, or safety of others\u0027 is a nuisance (42-01-01); one that \u0027affects an entire community or neighborhood or any considerable number of persons\u0027 is a public nuisance (42-01-06), remediable by indictment, information, criminal action, civil action or abatement (42-01-07), including abatement \u0027by any public body or officer authorized thereto by law\u0027 (42-01-09); a business that operated in violation of a health order or a sanitary rule during a declared communicable-disease emergency was within these terms, and the boards of health hold the abatement power (23-35-08(12); Ex. DUT-ND-004).","sourceUrl":"https://ndlegis.gov/cencode/t42c01.pdf","snapshot":"","fileExists":true,"fileBytes":67641,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-ND","url":"/library/DUT-ND-010","exhibitUrl":"/exhibit/DUT-ND-010","citation":"Legislative Assembly of North Dakota (codified statute), N.D.C.C. 42-01-01, 42-01-06, 42-01-07, 42-01-09, 42-01-13, 42-01-15 (standing) (Ex. DUT-ND-010)","stateName":"North Dakota","related":["DUT-ND-004","DUT-ND-011","DUT-ND-006"]}