Title 42, Nuisances
4 chapters · 37 sections in this title.
N.D.C.C. § 42-02-01 Who may bring abatement
0.2K chars
The attorney general, the state health officer, the state's attorney, or any citizen of the county where a nuisance exists or is maintained, may bring an action in the name of the state to abate and perpetually enjoin the nuisance.
N.D.C.C. § 42-02-02 Injunction - Proceedings
0.6K chars
If the action is brought by a citizen, that citizen shall give a bond in an amount sufficient to cover the costs of such action as the court may direct. An injunction shall be granted at the commencement of an action for the abatement of a nuisance in the usual manner of granting…
N.D.C.C. § 42-02-03 Temporary injunction - When officers take possession of property
0.8K chars
If, at the time of granting the temporary injunction, an affidavit shall be presented to the court or judge stating or showing that acts are being committed contrary to law upon the premises where said nuisance is located, the court or judge must issue the court's or judge's warr…
N.D.C.C. § 42-02-04 Nuisance - Abatement
0.8K chars
If a place is found, upon the judgment of a jury, court, or judge having jurisdiction, to be a nuisance, a law enforcement officer of the county or city where the nuisance is located shall close and abate such place by taking possession thereof, together with all personal propert…
N.D.C.C. § 42-02-05 When premises released
0.7K chars
If the proceeding is an action either at law or in equity and a bond is given and the costs therein are paid, the premises shall be released at the end of one year from the date of the service of the temporary injunctional order, if in an equity case, or from the closing of the p…
N.D.C.C. § 42-02-06 Termination of lease by owner under injunction releases property - Notice to tenant
1.2K chars
When leasehold premises are closed under an injunctional order or have been adjudged to be a nuisance, the owner thereof shall have the right to terminate the lease by giving three days' notice thereof in writing to the tenant, and after giving such notice, if the owner shall pro…
N.D.C.C. § 42-02-07 Evidence admissible
0.7K chars
In a prosecution under this chapter in a civil proceeding, evidence of the general reputation of the house, building, room, or place designated in the complaint shall be admissible for the purpose of proving the existence of a nuisance. Proof of the fact that any person has plead…
N.D.C.C. § 42-02-08 Claim of privilege denied
0.3K chars
No person shall be excused from giving any testimony or evidence upon any investigation or proceeding for a violation of this chapter upon the ground that such testimony would tend to convict the person of a crime, but such testimony or evidence shall not be received against the …
N.D.C.C. § 42-02-09 Reasonable attorney's fees
0.6K chars
In case judgment is rendered in favor of the plaintiff in any action brought under the provisions of section 42-02-02, the court or judge rendering it also shall render judgment for reasonable attorney's fees in favor of the plaintiff and against the defendants therein. Such atto…
N.D.C.C. § 42-02-10 Injunction - Penalty for violation
0.1K chars
Any person violating the terms of an injunction for the abatement of a nuisance in any place in this state is guilty of contempt of court.
N.D.C.C. § 42-02-11 Contempt proceeding
0.2K chars
A contempt proceeding arising out of the violation of any injunction granted under the provisions of this chapter must be conducted in the manner prescribed for the conduct of such proceeding in chapter 27-10.