The COVID Project
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
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 noteWayback 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).