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Transylvania County: April 25, 2023: April 20, 2023: Transylvania County Sheriff's Office Press Release:
In an effort to provide clarity to the previous post,
this is information on Nuisance Abatement.
Often times law enforcement is called to residences repeatedly for the same issues. A large number of these calls are related to the use and sale of illegal narcotics. When the residences can be deemed a nuisance to the well-being of their communities we can begin the Nuisance Abatement process. In this particular instance which was discussed in the previous post, Law Enforcement had responded to the address for a multitude of reasons weekly if not daily sometimes. The residence was a place in which drug users and dealers were using consistently to use and conduct business. This was not only a nuisance to the neighbors but a health and safety concern. With the order being granted this property is set to be demolished within a 120-day period and any unauthorized persons on the property will be arrested immediately.
The Transylvania County Sheriff’s Office and the North Carolina Department of Alcohol Law Enforcement are actively looking into other nuisance properties within Transylvania County.
If you believe that your address fits this description please use this message as your warning that your property could be next. We would also like to remind residents if they own rental property and or allow these illegal activities to go on at these said properties or at their own residence, their property could become the next target.
The Transylvania County Sheriff’s Office is taking this proactive approach to try and make our communities safer and clean up as much of the county as possible.
Nuisance Abatement Explained
The Alcohol Law Enforcement Division is authorized under Chapter 19 of the North Carolina General Statutes to investigate alleged public nuisances and make recommendations regarding actions to abate such nuisances. ALE operates a full-time specialized team to investigate properties deemed to be a nuisance as defined by law. Special agents receive in-depth training in Chapter 19 enforcement, civil procedure, paralegal certification, and other corresponding legal procedures.
North Carolina law governing the abatement of nuisances provides for a civil action to effectually close a property declared to be a nuisance. Brought on behalf of the State of North Carolina, the civil action targets property used for specified illegal purposes. As defined in the statute, nuisance activities include prostitution, gambling, illegal possession or sale of drugs or alcoholic beverages, and repeated acts that create a breach of the peace. The civil penalties for operating a nuisance include fines, forfeitures, perpetual restrictive covenants on property, and subsequent jail time for failing to comply with judgments.
ALE’s Nuisance Abatement Team special agents work in conjunction with our local law enforcement partners across the state to spearhead these investigations to make our communities safer.
Any type of real property utilized for the purposes as defined in this law may be subject to civil action. Local departments, with the assistance of the Nuisance Abatement Team, have successfully abated nuisances at locations including bars, illegal clubs, drug houses, boarding houses, and hotels that previously served as a hub for criminal acts that reduce the quality of life for the surrounding community.
Nuisance abatement investigations commence with a written request from the local district attorney, chief of police, or sheriff. Upon request, ALE investigates nuisance properties to determine if the location meets the criteria for a nuisance action. If such action is recommended, ALE special agents coordinate interviews, prepare affidavits, conduct property title searches, and thoroughly research law enforcement records from local departments. At the conclusion of the investigation, the attorney of record is presented with a recommendation for the appropriate remedy or civil action.
