GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 598

Short Title:  Expenses in Code Actions.	(Public)
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Sponsors: Senator Odom.
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Referred to:  Judiciary I.
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April 15, 1991

A BILL TO BE ENTITLED
AN ACT TO ALLOW PROPERTY OWNERS TO RECOVER EXPENSES, ATTORNEYS' 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-123.1.  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 judge, board, commission, or officer conducting the action or proceeding, may award to the property owner a sum that, in the opinion of the judge, board, commission, or officer conducting the action or proceeding, based upon findings of fact, will reimburse the owner for:
(1)	Reasonable attorneys' 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 judge, board, commission, or officer conducting the action or proceeding, may award to the property owner a sum that, in the opinion of the judge, board, commission, or officer conducting the action or proceeding, based upon findings of fact, will reimburse the owner for:
(1)	Reasonable attorneys' 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 becomes effective with respect to actions or proceedings initiated or brought on or after October 1, 1991.