§ 130A-55. Corporate powers.
§ 130A‑55. Corporate powers.
A sanitary district boardshall be a body politic and corporate and may sue and be sued in mattersrelating to the sanitary district. Notwithstanding any limitation in thepetition under G.S. 130A‑48, but subject to the provisions of G.S. 130A‑55(17)e,each sanitary district may exercise all of the powers granted to sanitarydistricts by this Article. In addition, the sanitary district board shall havethe following powers:
(1) To acquire,construct, maintain and operate sewage collection, treatment and disposalsystems of all types, including septic tank systems or other on‑sitecollection, treatment or disposal facilities or systems; water supply systems;water purification or treatment plants and other utilities necessary for thepreservation and promotion of the public health and sanitary welfare within thedistrict. The utilities shall be constructed, operated and maintained inaccordance with applicable statutes and rules.
(2) To acquire,construct, maintain and operate sewage collection, treatment and disposalsystems of all types, including septic tank systems or other on‑sitecollection or disposal facilities or systems, water supply systems; waterpurification or treatment plants and other utilities, within and outside thecorporate limits of the district, as may be necessary for the preservation ofthe public health and sanitary welfare outside the corporate limits of thedistrict, within reasonable limitation. The utilities shall be constructed,operated and maintained in accordance with applicable statutes and rules.
a. The authoritygranted to a sanitary district by the provisions of this subsection issupplemental to the authority granted to a sanitary district by otherprovisions of law.
b. Actions taken by asanitary district to acquire, construct, maintain and operate sewagecollection, treatment and disposal systems of all types; water supply systems;water purification or treatment plants and other utilities within and outsidethe corporate limits to provide service outside the corporate limits areapproved and validated.
c. This subsectionshall apply only in counties with a population of 70,000 or greater, asdetermined by the most recent decennial federal census.
(3) To levy taxes onproperty within the district in order to carry out the powers and dutiesconferred and imposed on the district by law, and to pay the principal of andinterest on bonds and notes of the district.
(4) To acquire either bypurchase, condemnation or otherwise and hold real and personal property,easements, rights‑of‑way and water rights in the name of thedistrict within or without the corporate limits of the district, necessary orconvenient for the construction or maintenance of the works of the district.
(5) To employ andcompensate engineers, counsel and other persons as may be necessary to carryout projects.
(6) To negotiate andenter into agreements with the owners of existing water supplies, sewagesystems or other utilities as may be necessary to carry out the intent of thisPart.
(7) To adopt rulesnecessary for the proper functioning of the district. However, these rulesshall not conflict with rules adopted by the Commission for Public Health,Environmental Management Commission, or the local board of health havingjurisdiction over the area.
(8) a. Tocontract with any person within or outside the corporate limits of the districtto supply raw water without charge to the person in return for an agreement toallow the district to discharge sewage in the person's previous water supply.The district may so contract and construct at its expense all improvementsnecessary or convenient for the delivery of the water when, in the opinion ofthe sanitary district board and the Department, it will be for the best of thedistrict.
b. To contract with anyperson within or outside the corporate limits of the district to supply raw orfiltered water and sewer service to the person where the service is available.For service supplied outside the corporate limits of the district, the sanitarydistrict board may fix a different rate from that charged within the corporatelimits but shall not be liable for damages for failure to furnish a sufficientsupply of water and adequate sewer service.
c. To contract with anyperson within or outside the corporate limits of the district for the treatmentof the district's sewage in a sewage disposal or treatment plant owned andconstructed or to be constructed by that person.
(9) After adoption of aplan as provided in G.S. 130A‑60, the sanitary district board may, in itsdiscretion, alter or modify the plan if the Department determines that thealteration or modification does not constitute a material deviation from theobjective of the plan and is in the public health interest of the district. Thealteration or modification must be approved by the Department. The sanitarydistrict board may appropriate or reappropriate money of the district forcarrying out the altered or modified plan.
(10) To take action,subject to the approval of the Department, for the prevention and eradicationof diseases transmissible by vectors by instituting programs for theeradication of the mosquito.
(11) To collect anddispose of garbage, waste and other refuse by contract or otherwise.
(12) To establish a firedepartment, or to contract for firefighting apparatus and personnel for theprotection of life and property within the district.
(13) To provide orcontract for rescue service, ambulance service, rescue squad or other emergencymedical services for use in the district. The sanitary district shall besubject to G.S. 153A‑250.
(14) To have privilegesand immunities granted to other governmental units in exercise of thegovernmental functions.
(15) To use the income ofthe district, and if necessary, to levy and collect taxes upon all the taxableproperty within the district sufficient to pay the costs of collecting anddisposing of garbage, waste and other refuse, to provide fire protection andrescue services in the district, and to acquire, construct, maintain, operate,and regulate roads and streets within the district. Taxes shall be levied andcollected at the same time and in the same manner as taxes for debt service asprovided in G.S. 130A‑62.
(16) To adopt rules forthe promotion and protection of the public health and for these purposes topossess the following powers:
a. To require theowners of developed property on which there are situated one or moreresidential dwelling units or commercial establishments located within thejurisdiction of the district and within a reasonable distance of any waterlineor sewer collection line owned, leased as lessee, or operated by the districtto connect the property with the waterline, sewer connection line, or both andfix charges for the connections. The power granted by this subdivision may beexercised by a district only to the extent that the service, whether water,sewer, or a combination thereof, to be provided by the district is not thenbeing provided to the improved property by any other political subdivision orby a public utility regulated by the North Carolina Utilities Commissionpursuant to Chapter 62 of the General Statutes. In the case of improvedproperty that would qualify for the issuance of a building permit for theconstruction of one or more residential dwelling units or commercialestablishments and where the district has installed water or sewer lines or acombination thereof directly available to the property, the district mayrequire payment of a periodic availability charge, not to exceed the minimumperiodic service charge for properties that are connected.
b. To require anyperson owning, occupying or controlling improved real property within thedistrict where the water or sewage systems of the district are not immediatelyavailable or it is impractical with the systems, to install sanitary toilets,septic tanks and other health equipment or installations in accordance withapplicable statutes and rules.
c. To order a person toabate a public health nuisance of the district. If the person being ordered toabate the nuisance refuses to comply with the order, the sanitary districtboard may institute an action in the superior court of the county where thepublic health nuisance exists to enforce the order.
d. To abolish orregulate and control the use and occupancy of all pigsties and other animalstockyards or pens within the district and for an additional distance of 500feet beyond the outer boundaries of the district, unless the 500 feet is withinthe corporate limits of a city or town.
e. Upon the noncomplianceby a person of a rule adopted by the sanitary district board, the board shallnotify the person of the rule being violated and the facts constituting theviolation. The person shall have a reasonable time to comply with the rule asdetermined by the local health director of the person's residence. Upon failureto comply within the specified time or within a time extended by the sanitarydistrict board, the person shall be guilty of a Class 1 misdemeanor.
f. The sanitarydistrict board is authorized to enforce the rules adopted pursuant to this Partby criminal action or civil action, including injunctive relief.
(17) For the purpose ofpromoting and protecting the public health, safety and the general welfare ofthe State, a sanitary district board is authorized to establish as zoning unitsany portions of the sanitary district not under the control of the UnitedStates or this State or any agency or instrumentality of either, in accordancewith the following:
a. No sanitary districtboard shall designate an area a zoning area until a petition signed by two‑thirdsof the qualified voters in the area, as shown by the registration books used inthe last general election, and with a petition signed by two‑thirds ofthe owners of real property in the area, as shown by the records in the officeof the register of deeds for the county, is filed with the sanitary districtboard. The petition must be accompanied by a map of the proposed zoning area.The board shall hold a public hearing to obtain comment on the proposedcreation of the zoning area. A notice of public hearing must be published in anewspaper of general circulation in the county at least two times, and a copyof the notice shall be posted at the county courthouse and in three otherpublic places in the sanitary district.
b. When a zoning areais established within a sanitary district, the sanitary district board as tothe zoning area shall have all rights, privileges, powers and duties granted tomunicipal corporations under Part 3, Article 19, Chapter 160A of the GeneralStatutes. However, the sanitary district board shall not be required to appointany zoning commission or board of adjustment. If neither a zoning commissionnor board of adjustment is appointed, the sanitary district board shall haveall rights.
c. A sanitary districtboard may enter into an agreement with any city, town or sanitary district forthe establishment of a joint zoning commission.
d. A sanitary districtboard is authorized to use the income of the district and levy and collecttaxes upon the taxable property within the district necessary to carry out andenforce the rules and provisions of this subsection.
e. This subsectionshall apply only to sanitary districts which adjoin and are contiguous to anincorporated city or town and are located within three miles or less of theboundaries of two other cities or towns.
(18) To negotiate for andacquire by contract any distribution system located outside the district whenthe water for the distribution system is furnished by the district. If thedistribution system is acquired by a district, the district may continue theoperation of the system even though it remains outside the district.
(19) To accept gifts ofreal and personal property for the purpose of operating a nonprofit cemetery;to own, operate and maintain cemeteries with the donated property; and toestablish perpetual care funds for the cemeteries in the manner provided byG.S. 160A‑347.
(20) To dispose of real orpersonal property belonging to the district according to the proceduresprescribed in Article 12 of Chapter 160A of the General Statutes. For purposesof this subsection, references in Article 12 of Chapter 160A to the"city," the "council," or a specific city official refer,respectively, to the sanitary district, the sanitary district board, and thesanitary district official who most nearly performs the same duties performedby the specified city official. For purposes of this subsection, references inG.S. 160A‑266(c) to "one or more city officials" are deemed torefer to one or more sanitary district officials designated by the sanitarydistrict board.
(21) To acquire, renovateproperty for or construct a medical clinic to serve the district, and tomaintain real and personal property for a medical clinic to serve the district.
(22) To make specialassessments against benefitted property within the corporate limits of thesanitary district and within the area served or to be served by the sanitarydistrict for the purpose of constructing, reconstructing, extending, orotherwise improving water systems or sanitary collection, treatment, and sewagedisposal systems, in the same manner that a county may make special assessmentsunder authority of Article 9 of Chapter 153A of the General Statutes, exceptthat the language appearing in G.S. 153A‑185 reading as follows: "Acounty may not assess property within a city pursuant to subdivision (1) or (2)of this section unless the governing board of the city has by resolutionapproved the project," shall not apply to assessments levied by sanitarydistricts. For the purposes of this paragraph, references in Article 9 ofChapter 153A of the General Statutes, to the "county," the"board of county commissioners," "the board" or a specific countyofficial or employee are deemed to refer respectively to the sanitary districtand to the official or employee of the sanitary district who performs mostnearly the same duties performed by the specified county official or employee.
Assessmentrolls after being confirmed shall be filed for registration in the office ofthe Register of Deeds of the county in which the property being assessed islocated, and the term "county tax collector" wherever used in G.S.153A‑195 and G.S. 153A‑196, shall mean the officer designated bythe sanitary district to perform the functions described in said sections ofthe statute. This subdivision applies only to sanitary districts with apopulation of 15,000 or over.
(23) To acquire (bypurchase, lease, gift, or otherwise, but not by condemnation), construct,maintain, operate, and regulate roads and streets within the sanitary districtwhich are not State‑maintained. Not all of these powers need beexercised.
(24) Expired.
(25) To negotiate andenter into agreements with other municipal corporations or sanitary districtsfor the purpose of developing and implementing an economic development plan.The agreement may provide for the establishment of a special fund, in whichmonies not expended at the end of a fiscal year shall remain in the fund. Thelead agency designated under the agreement shall be responsible for examinationof the fund and compliance with sound accounting principles, including theannual independent audit under G.S. 159‑34. The audit responsibilities ofthe other municipal corporations and sanitary districts extend only to theverification of the contribution to the fund created under the agreement. Theprocedural requirements of G.S. 158‑7.1(c) shall apply to actions of asanitary district under this subdivision as if it were a city. (1927, c. 100, s. 7; 1933, c.8, ss. 1, 2; 1935, c. 287, ss. 1, 2; 1941, c. 116; 1945, c. 651, ss. 1, 2;1947, c. 476; 1949, c. 880, s. 1; cc. 1130, 1145; 1951, c. 17, s. 1; c. 1035,s. 1; 1957, c. 1357, s. 1; 1961, cc. 669, 865, 1155; 1963, c. 1232; 1965, c.496, s. 1; 1967, c. 632; c. 637, s. 1; c. 798, s. 2; 1969, cc. 478, 700, 944;1971, c. 780, s. 29; 1973, c. 476, s. 128; 1979, c. 520, s. 2; c. 619, s. 7;1981, cc. 629, 655; c. 820, ss. 1‑3; c. 898, ss. 1‑4; 1981 (Reg.Sess., 1982), c. 1237; 1983, c. 891, s. 2; c. 925, s. 2; 1993, c. 539, s. 948;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 422, ss. 1‑4; 2001‑221,s. 1; 2006‑214, s. 1; 2007‑182, s. 2.)