HomeMy WebLinkAboutAgenda - 8-g - Declaration of Public NuisanceORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 6, 2018
SUBJECT: Declaration of Public Nuisance
DEPARTMENT: Board of Commissioners
ATTACHMENT(S):
Resolution
Action Agenda
Item No. 8 -g
INFORMATION CONTACT:
John Roberts, 919 - 245 -2318
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PURPOSE: To consider a resolution declaring prescription opioids a public health nuisance in
Orange County.
BACKGROUND: The Board of Commissioners has on several occasions, and most recently at
its January 23, 2018 regular meeting, received information indicating prescription opioids, in
addition to being a source of a public health crisis nationally, may constitute a public health
nuisance in Orange County and that prescription opioids are having a far reaching impact to the
general public, health, and safety, of residents and citizens of Orange County and that such
impacts should be abated.
The Board of Commissioners has the authority to abate, or cause to be abated, any public
nuisance including those acts that unreasonably interfere with rights common to the general
public of Orange County and /or involve a significant interference with the public health, safety,
and welfare of citizens and residents of Orange County and the Board of Commissioners has
considered and authorized litigation to abate this public health nuisance.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goals impact
associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board adopt and authorize the
Chair to sign the attached resolution formally declaring prescription opioids to be a public health
nuisance in Orange County.
OA,
RES- 2018 -011
RESOLUTION OF THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA
WHEREAS, Orange County Board of Commissioners has the authority to adopt ordinances and
resolutions with respect to County affairs and the abatement of public health nuisances in
Orange County, North Carolina, pursuant to N.C. Gen. Stat. Ann. § 153A -121;
WHEREAS, the Orange County Board of Commissioners has the authority to take action to
protect the public health, safety, and welfare of the residents and citizens of Orange County;
WHEREAS, there exists a serious public health and safety crisis involving opioid abuse,
addiction, morbidity, and mortality in Orange County;
WHEREAS, the diversion of legally produced controlled substances into the illicit market causes
or contributes to the serious public health and safety crisis involving opioid abuse, addiction,
morbidity, and mortality in Orange County;
WHEREAS, the opioid crisis unreasonably interferes with rights common to the general public of
Orange County; involves a significant interference with the public health, safety, peace,
comfort, and convenience of citizens and residents of Orange County; includes the delivery of
controlled substances in violation of State and Federal law and regulations; and therefore
constitutes a public nuisance;
WHEREAS, the opioid crisis is having an extended and far reaching impact of the general public,
health, and safety, of residents and citizens of Orange County and must be abated;
WHEREAS, the violation of any laws of the State of North Carolina, or of the United States of
America controlling the distribution of a controlled substance is inimical, harmful, and adverse
to the public welfare of the residents and citizens of Orange County constitutes a public
nuisance;
WHEREAS, the Orange County Board of Commissioners has the authority to abate, or cause to
be abated, any public nuisance including those acts that unreasonably interfere with rights
common to the general public of Orange County and /or involve a significant interference with
the public health, safety, peace, comfort, and convenience of citizens and residents of Orange
County;
WHEREAS, Orange County has expended, is expending, and will continue to expend in the
future County funds to respond to the serious public health and safety crisis involving opioid
abuse, addiction, morbidity, and mortality within Orange County; and
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WHEREAS, the Orange County Board of Commissioners have received information that
indicates that the manufacturers and wholesale distributors of controlled substances have
distributed in Orange County, North Carolina, and surrounding areas, and may have violated
Federal and /or State laws and regulations that were enacted to prevent the diversion of legally
produced controlled substances into the illicit market.
NOW, THEREFORE, BE IT RESOLVED the Orange County Board of Commissioners is declaring the
opioid crisis a public nuisance which must be abated for the benefit of Orange County and its
residents and citizens.
Adopted by the Orange County Board of Commissioners this 6th day of February, 2018.
Attest:
Mark Dorosin, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners
[SEAL]