Section 1301. Nuisances; examination and abatement by order of governor; expenses  


Latest version.
  • 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
      therefor.
        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.