Final judgment ordered in Buncombe County nuisance abatement case on Deaverview Road

News release from the Buncombe County Sheriff’s Office:

On October 30, 2023, Buncombe County Superior Court Judge Jacqueline Grant signed a consent judgment for a Chapter 19 nuisance abatement action against the property owner of 544 Deaverview Road in the city of Asheville. This address has a long history of complaints from community members, calls for service involving law enforcement, and criminal charges involving drugs.

The Deaverview community has worked together with the Sheriff’s Office to address these issues and this judgment was the final step in a civil nuisance abatement case brought by the County of Buncombe on behalf of the State of North Carolina. Chapter 19 of the North Carolina General Statutes defines “nuisance” activities and provides for a civil remedy to abate such criminal acts and their detrimental impacts on the community.

Multiple departments within Buncombe County government played a crucial role during the abatement process including Solid Waste, Planning, Health & Human Services’ Environmental Health division, and Permits & Inspections. This process could not have been completed without staff from across county government devoting significant time to this joint effort.

“This address has been a problem for years, causing the community to live in fear and constantly draining emergency services and law enforcement resources,” said Buncombe County Sheriff Quentin Miller. “This judgment could not have been reached without partnerships from the community, Buncombe County officials, and members of the ALE Nuisance Abatement Team.”

This property qualified for forfeiture to the Buncombe County School Board based on Chapter 19. All parties were able to reach a consent judgment that called for the elderly owner of the property to remain in the residence. All other patrons on the property shall be legally trespassed by the Buncombe County Sheriff’s Office and signs shall remain upon the property advising the property is closed. This consent forged an agreement detailing the future intended use of the property, which forbids future nuisance-related activities, restricts patrons from trespassing upon the property, and bans the current occupants from operating a nuisance elsewhere.

“I appreciate the cooperation from the property owner to solve this problem and I also commend the residents of this community for partnering with law enforcement to ensure the community is safe,” said Sheriff Miller.

“The nuisance abatement law provides a resolution for properties that strain law enforcement resources and reduce the quality of life for communities,” said Scottie Shoaf, special agent in charge of the nuisance abatement team. “These investigations are only completed with proper community involvement and by forging ongoing relationships with local law enforcement and the county attorney. This judgment brings a permanent resolution and I look forward to seeing the positive changes this will facilitate in the community.”

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