§ 160A-193. Abatement of public health nuisances.
§ 160A‑193. Abatement of public healthnuisances.
(a) A city shall have authority to summarily remove, abate, orremedy everything in the city limits, or within one mile thereof, that isdangerous or prejudicial to the public health or public safety. Pursuant tothis section, the governing board of a city may order the removal of a swimmingpool and its appurtenances upon a finding that the swimming pool or itsappurtenances is dangerous or prejudicial to public health or safety. Theexpense of the action shall be paid by the person in default. If the expense isnot paid, it is a lien on the land or premises where the nuisance occurred. Alien established pursuant to this subsection shall have the same priority andbe collected as unpaid ad valorem taxes.
(b) The expense of the action is also a lien on any other realproperty owned by the person in default within the city limits or within onemile of the city limits, except for the person's primary residence. A lienestablished pursuant to this subsection is inferior to all prior liens andshall be collected as a money judgment. This subsection shall not apply if theperson in default can show that the nuisance was created solely by the actionsof another. (1917, c. 136, subch. 7,s. 4; C.S., s. 2800; 1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 20; 2001‑448,s. 1; 2002‑116, s. 3.)