§ 1301 — Nuisances; examination and abatement by order of governor; expenses

New York § 1301

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: General Provisions; Control and Abatement
• Art. 13: Nuisances and Sanitation

Text

§ 1301. Nuisances; examination and abatement by order of governor;\nexpenses. 1. Whenever required by the governor, the commissioner shall\nmake an examination concerning nuisances or questions affecting the\nsecurity of life and health in any locality, and shall report the\nresults thereof to the governor, within the time prescribed by him\ntherefor.\n 2. The report of every such examination, when approved by the\ngovernor, shall be filed in the office of the secretary of state, and\nthe governor may declare the matters public nuisances, which may be\nfound and certified in any such report to be nuisances, and may order\nthem to be changed, abated or removed as he may direct.\n 3. Every such order shall be presumptive evidence of the existence of\nsuch nuisance; and the governor may, by a precept under his hand and\nofficial seal, require the district attorney, sheriff and other officers\nof the county where such nuisance is maintained, to take all necessary\nmeasures to execute such order and cause it to be obeyed, and the acts\nof any such county officer in the abatement of any such nuisance,\nreasonable or necessary for such abatement, shall be lawful and\njustifiable and the order of the governor a sufficient protection to\nsuch officer.\n 4. The expense of such abatement shall be paid by the municipality\nwhere the nuisance occurs, and shall be a debt recoverable by such\nmunicipality of all persons, maintaining it or assisting in its\nmaintenance, and a lien and charge upon the lands upon which the\nnuisance is maintained, which may be enforced by a sale of such lands to\nsatisfy the same.\n