N.Y. Public Health Law § 1301: Nuisances; examination and abatement by order of governor; expenses

§ 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

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.