§ 23-35-09 — Abatement and removal of nuisance, source of filth, and cause of sickness

1. If necessary for the protection of public health to abate or remove any nuisance,
source of filth, or cause of sickness, the board of health shall serve notice on the

owner or occupant of the property requiring the owner or occupant, at the owner's or
occupant's expense, to remove or abate the nuisance, source of filth, or cause of
sickness within a time specified by the board, not exceeding thirty days. If the owner or
occupant fails to comply with the notice to remove or abate or if the nuisance, source
of filth, or cause of sickness exists on property of nonresident owners or on property
the owners of which cannot be found, the board of health may remove or destroy the
nuisance, source of filth, or cause of sickness at the expense of the appropriate city or
county, which shall charge the expense against the lot, piece, or parcel of land on
which the work is done.
2. The governing body of the city or county may levy and assess against the property the
cost of the removal or destruction of a nuisance, source of filth, or cause of sickness,
and the member of the governing body who is responsible for streets shall return and
file the assessment in the office of the auditor of the city or county. The auditor shall
publish, in the same manner as provided under section 40-22-06, the amount of the
assessment together with a notice of the time and location the governing body will
meet to consider the approval of the assessment. Each assessment must be recorded,
collected, and paid as other taxes are recorded, collected, and paid.
3. If a board of health determines it necessary for the preservation of public health to
enter any building within the board's jurisdiction to examine, destroy, remove, or
prevent any nuisance, source of filth, or cause of sickness and is refused entrance into
the building, the local health officer, or a designated agent of the local health officer,
may make a complaint under oath to a district judge within the jurisdiction of the board
of health stating the facts in the case which the local health officer, or a designated
agent of the local health officer, has knowledge. If a warrant is issued and if requested
by a board of health, a county sheriff or city police department shall provide assistance
to that public health unit in any action to search or seize material in or on any private
property to destroy, remove, or prevent the nuisance, source of filth, or cause of
sickness, if there is probable cause to believe a public health hazard or public health
nuisance exists on or in that property, and shall carry out any other preventive
measures the public health unit requests. For purposes of this subsection, a request
from a public health unit means a request for assistance which is specific to a public
health nuisance and is not a continuous request for assistance.