(a) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this Chapter, shall constitute a nuisance. The activity sought to be abated need not be the sole purpose of the building or place in order for it to constitute a nuisance under this Chapter.
(b) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated acts which create and constitute a breach of the peace shall constitute a nuisance.
(b1) The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place wherein or whereon are carried on, conducted, or permitted repeated activities or conditions which violate a local ordinance regulating sexually oriented businesses so as to contribute to adverse secondary impacts shall constitute a nuisance.
(b2) The erection, establishment, continuance, maintenance, use, ownership, or leasing of any building or place for the purpose of carrying on, conducting, or engaging in any activities in violation of G.S. 14-72.7.
(c) The building, place, vehicle, or the ground itself, in or upon which a nuisance as defined in subsection (a), (b), or (b1) of this section is carried on, and the furniture, fixtures, and contents, are also declared a nuisance, and shall be enjoined and abated as hereinafter provided.
(d) No nuisance action under this Article may be brought against a place or business which is subject to regulation under Chapter 18B of the General Statutes when the basis for the action constitutes a violation of laws or regulations under that Chapter pertaining to the possession or sale of alcoholic beverages. (Pub. Loc. 1913, c. 761, s. 25; 1919, c. 288; C.S., s. 3180; 1949, c. 1164; 1967, c. 142; 1971, c. 655; 1977, c. 819, ss. 1, 2; 1981, c. 412, s. 4; c. 747, s. 66; 1998-46, s. 7; 1999-371, s. 1; 2007-178, s. 3; 2013-229, s. 1.)
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1945–2021 · leading case:
Moore v. City of Creedmoor, 460 S.E.2d 899 (N.C. Ct. App. 1995).
Moore v. City of Creedmoor, 460 S.E.2d 899 (N.C. Ct. App. 1995).
· cites it 12× “After hearing from Seagroves, the Board passed a Resolution on 24 July 1990 requesting *904 the local District Attorney to institute a nuisance abatement action against the Moores pursuant to N.C.Gen.Stat. § 19-1 (1983 & Cum.Supp.1994) and N.”
State Ex Rel. Rhodes v. Simpson, 385 S.E.2d 329 (N.C. 1989).
· cites it 11× “The action in Malloy was not a mere action for abatement of a nuisance; it was criminal in nature, based on N.C.G.S. § 19-1, and worked a confiscation and forfeiture of property.”
State on Relation of City of Albemarle v. Nance, 831 S.E.2d 605 (N.C. Ct. App. 2019).
· cites it 6× “The City alleged the Nances' use of real property constitutes a public nuisance pursuant to N.C. Gen. Stat. §§ 19-1 and 19-2. The City also alleged Smith was employed as a manager of the subject hotel but "Nance has fired Charlene Smith as the manager of the Property, but has…”
State Ex Rel. Gilchrist v. Hurley, 269 S.E.2d 646 (N.C. Ct. App. 1980).
· cites it 5× “Defendants argue, however, that the evidence is insufficient because only two of the acts charged in this record occurred after the effective date of the present nuisance statute, G.S. § 19-1 et seq. While it is true that Chapter 19 was amended by 1977 Session Laws, c.”
State Ex Rel. Andrews v. Chateau X, Inc., 250 S.E.2d 603 (N.C. 1979).
· cites it 2× “Chapter 19, which is entitled "Abatement of Nuisances," is not an easy statute to comprehend. Besides obscenity, it deals with places used for purposes of "assignation, prostitution, gambling, illegal possession or sale of intoxicating liquors [and] illegal possession or sale of…”
State Ex Rel. Onslow Cnty. v. Mercer, 496 S.E.2d 585 (N.C. Ct. App. 1998).
· cites it 3× “N.C.G.S. § 19-1, entitled “What Are Nuisances Under This Chapter,” provides: (а) The erection, establishment, continuance, maintenance, use, ownership of leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of…”
State Ex Rel. Jacobs v. Sherard, 243 S.E.2d 184 (N.C. Ct. App. 1978).
· cites it 3× “” The proceeding is a civil action which may be instituted by a citizen in the name of the State, and it must be based upon allegation and proof of the specific acts denounced by *63 G.S. 19-1. State v. Alverson, 225 N.C. 29 , 33 S.”
State Ex Rel. Albright v. Arellano, 599 S.E.2d 415 (N.C. Ct. App. 2004).
· cites it 6× “The statute defines public nuisance as follows: [t]he erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal…”
Wheeler v. Goodman, 306 F. Supp. 58 (W.D.N.C. 1969).
· cites it 2× “See N.C.Gen.Stat. §§ 19-1, 72-36 to 72-39, 14-185, 14-187, 14-188, 14-198, 14-203 to 14-208, 14-337, 134-27, 134-34, 134-43.”
State v. Tessnear, 144 S.E.2d 43 (N.C. 1965).
“Defendant was not charged with maintaining a nuisance, G.S. 19-1. Therefore, G.S. 19-3, which makes evidence of the general reputation of the place admissible for the purpose of proving the nuisance is not applicable.”
— N.C. Gen. Stat. § 19-1(a) — 2 cases
State Ex Rel. Andrews v. Chateau X, Inc., 250 S.E.2d 603 (N.C. 1979).
“Chapter 19, which is entitled "Abatement of Nuisances," is not an easy statute to comprehend. Besides obscenity, it deals with places used for purposes of "assignation, prostitution, gambling, illegal possession or sale of intoxicating liquors [and] illegal possession or sale of…”
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