GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 945

Short Title:  Attorney's Fees in Code Actions.	(Public)
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Sponsors: Senator Odom.
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Referred to:  Local Government.
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April 19, 1989

A BILL TO BE ENTITLED
AN ACT TO ALLOW PROPERTY OWNERS TO RECOVER EXPENSES, ATTORNEY'S FEES, AND COMPENSATION FOR  LOST WAGES AND EARNINGS IN CODE AND ORDINANCE ENFORCEMENT ACTIONS BROUGHT BY CITIES AND COUNTIES THAT ARE RESOLVED IN FAVOR OF THE PROPERTY OWNER.
The General Assembly of North Carolina enacts:
Section 1.  Article 6 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-123.  Fees and costs where property owner is prevailing party.
When a county brings or initiates any action or proceeding against a property owner, concerning property owned by that person, to:
(1)	Collect any civil penalty;
(2)	Collect any civil fine;
(3)	Enforce any county ordinance;
(4)	Enforce any county code; or
(5)	Restrain any action as provided by the provisions of any county ordinance or county code
and the property owner is the prevailing party in that action or proceeding, the property owner shall be entitled to be awarded by the judge, board, commission, or officer conducting the action or proceeding, to:
(1)	Reasonable attorney's fees;
(2)	Costs incurred in the action or proceeding; and
(3)	Compensation for lost wages or earnings incurred as the result of defending the action or proceeding."
Sec. 2.  Article 8 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A-175.1.  Fees and costs where property owner is prevailing party.
When a city brings or initiates any action or proceeding against a property owner, concerning property owned by that person, to:
(1)	Collect any civil penalty;
(2)	Collect any civil fine;
(3)	Enforce any city ordinance;
(4)	Enforce any city code; or
(5)	Restrain any action as provided by the provisions of any city ordinance or city code
and the property owner is the prevailing party in that action or proceeding, the property owner shall be entitled to be awarded by the judge, board, commission, or officer conducting the action or proceeding, to:
(1)	Reasonable attorney's fees;
(2)	Costs incurred in the action or proceeding; and
(3)	Compensation for lost wages or earnings incurred as the result of defending the action or proceeding."
Sec. 3.  This act shall become effective with respect to actions or proceedings initiated or brought on or after October 1, 1989.