Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Nuisances; examination and abatement by order of governor; expenses
Public Health (PBH) CHAPTER 45, ARTICLE 13, TITLE 1
§ 1301. Nuisances; examination and abatement by order of governor;
expenses. 1. Whenever required by the governor, the commissioner shall
make an examination concerning nuisances or questions affecting the
security of life and health in any locality, and shall report the
results thereof to the governor, within the time prescribed by him

2. The report of every such examination, when approved by the
governor, shall be filed in the office of the secretary of state, and
the governor may declare the matters public nuisances, which may be
found and certified in any such report to be nuisances, and may order
them to be changed, abated or removed as he may direct.

3. Every such order shall be presumptive evidence of the existence of
such nuisance; and the governor may, by a precept under his hand and
official seal, require the district attorney, sheriff and other officers
of the county where such nuisance is maintained, to take all necessary
measures to execute such order and cause it to be obeyed, and the acts
of any such county officer in the abatement of any such nuisance,
reasonable or necessary for such abatement, shall be lawful and
justifiable and the order of the governor a sufficient protection to
such officer.

4. The expense of such abatement shall be paid by the municipality
where the nuisance occurs, and shall be a debt recoverable by such
municipality of all persons, maintaining it or assisting in its
maintenance, and a lien and charge upon the lands upon which the
nuisance is maintained, which may be enforced by a sale of such lands to
satisfy the same.