New York Consolidated Laws, Public Health Law - PBH § 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.


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