2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 1 - (1300 - 1310) GENERAL PROVISIONS; CONTROL AND ABATEMENT
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.