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Environmental Court
Environmental Court is a collaborative effort between your
court system, Cumberland County and the City of Fayetteville to improve our community
through the enforcement of local and state codes imposing penalties for
violations of housing, neighborhood, health, fire, solid waste, animal
control, building, zoning and inspection standards.
A
designated judicial official will preside over all environmental court
cases providing intensive court intervention of issues that effect our
environment and the quality of our lives and resulting in consistent,
effective, and efficient case processing.
The goal of
the Cumberland County
Environmental Court is to improve the
quality of life for current and future residents by prioritizing
environmental issues, reducing the number of repeat offenders and
increasing the public’s awareness of problems associated with the
environment.
City and
County agencies facing continuing noncompliance with local and state
codes that impose housing, neighborhood, health, fire, solid waste,
building and zoning standards can use the services of Environmental Court to address
these issues in a central forum.
The Twelfth Judicial District has restructured its court resources
to create a specialized Environmental
Court.
The Environmental
Court will group all noncompliance cases for
hearing on specific dates in a court over which the same judicial
official presides to promote consistency.
This concept
is spreading throughout the country and our state. Efficient and effective case
processing, judicial familiarity with cases, and focusing public
attention on making our community a cleaner and safer place are some of
the benefits Environmental Court can bring to a growing metropolitan area
such as Fayetteville and Cumberland County.
Common
Questions
What
is environmental court? A
specialized court dealing with environmental issues that impact not only the
appearance of city and county, but also the health, safety and welfare of
both current and future Cumberland
County
residents.
What
are environmental issues? Issues that impose housing,
neighborhood, health, fire, solid waste, animal control, building, zoning
and inspection standards as defined in both state and local codes.
Is
violation of an enviromental code a serious offense? Yes. Environmental court cases may be
prosecuted as a criminal misdemeanor.
What
is the purpose of Environmental
Court? To prioritize environmental issues within the court system to
reduce the number of repeat offenders and increase public awareness of
problems associated with the environment.
What
agencies are Involved in Environmental
Court? Environmental Court is a joint
effort between Cumberland County, the City of Fayetteville,
and our Cumberland
County court system
to improve the quality of life, health and safety for our citizens.
Do
cases go directly to environmental court? No, first city and/or county environmental agencies
will contact the offender to notify the offender of environmental code
violation(s). Only after the
offender has failed to comply with these agencies will the case be turned
over to the respective City/County Attorney’s Office for intervention.
How
does a case get to court? The
respective City/County Attorney will thereafter request a criminal
summons be issued by the Magistrate’s Office to bring the offender into
court. After a summons is issued,
the Cumberland County Sheriff’s Office will serve the summons on the
offender. Notice of the court date will be contained in the summons to
the offender.
Does the offender have to come to court? Yes. If the
offender fails to come to court, an Order for Arrest may be issued for
his/her failure to appear.
What
is our court system’s role in environmental court? Key court
officials have restructured existing court resources to group all
environmental noncompliance cases into a specialized court.
How
Does Environmental Court
operate?
To promote consistency, efficient and effective case processing
and judicial familiarity with cases and repeat offenders, the same judge
will preside over all environmental court cases.
Does
it matter if the offender lives in the city or county? No. Offenders living anywhere in Cumberland County, even inside the city
limits, may be prosecuted in Environmental
Court.
What
happens if the offender is convicted in environmental Court? The offender may be sentenced to a probationary
judgment, or in some circumstances prison.
Are
there any costs? Costs of court will be the responsibility of the
offender. In certain
circumstances, the court may also impose fines and/or restitution.
Who
do I contact if I suspect someone is violating an environment code issue? If you live in the City of Fayetteville, contact the Inspections
Dept. at 433-1701. If you live
elsewhere in Cumberland
County, contact the
Inspections Department at 678-7606.
Who
do I call if I have a question about an Environmental Court Case? If you live in the City of Fayetteville, contact the City
Attorney’s Office at 433-1985. If
you live elsewhere in Cumberland
County, contact the County Attorney’s
Office at 678-7761.
What can you do to make our community a safer and
healthier place? Contact one of
the agencies listed on the back of this brochure if you are aware of
anyone violating any environmental health issues.
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