The daily gazette., 1879-10-14
Board of Health.
SPECIAL MEETING LAST EVENING
POWERS OF THE BOARD AS DEFINED
by THE CITY SOLICITOR.

POWERS OF THE BOARD AS DEFINED
by THE CITY SOLICITOR.
The Board OF Health met last evening
In special meeting, Plcsidtnt Dlolla-
ghan in the chair.
The President stated that the meeting,
was called for purpose Of as ertalning
what power the Board Of Health has
within one mile OF the city limits, Ia Ie-
gard to abating nuisauces.'
City Solicitor Macallistcr, who was
prcse,t, was asked TO give his views ON
the matter, which be readily did. He
sa d that as far ba X as 1909, when the
city was q borough, the legs alton gave
the City Council power to abate nui-
sances within the corporate limits, and
also within a mile of the limits. At the
same time it also clothed City Council
with authority to create Board Of
Health and delegate its powers in regard
To the health of the city to that body.
The jur sdictoi of the Board in the city,
and within mile of be city limits, will
be found on pages q and 80 Of the city
charter. Under the city charter the City
Council prepared ordinances. The
Board will find that on page 10 of the
| ordinance book it Is requisite that the
Board shall express an S4inionin regard
| to a nuisance b. fore II is abat-d, that Is
| the nuisance shall be first defined as a
nuisance by a vote of the Board. This
action Is requisite before bringing a suit
| aga INST a person for maintain ng a nui-
,ance. After such action is taken the
Board shall give notice 10 the owner OF
owners Of the property WHEREIN the nui
sance exists, ordering IL TO be abated
within certain length OF time, and II
the ownei should fail TO do 1t, the Boa
then has power to abate it, and the
Treasurer bring suit against said owner
for the expenses incurred.
In the case of Vandever before the
MAY or, the question was asked if in case
he failed u abate the nuisance if the
Board would have power to remove the
building. think that the Board can re-
move the building if it is really neces
sary, aud they cannot abate the nu sanct
any otter way. The Board has righ
TO open door or to remove vat, Or tt
do any lawful ;hing to remove a nu
same. The Board must be very careful
in exercising til It right, or else the cit,
might become liable for damages.
While the Board of Health can abatt
u nuisance Within mile beyond the city
limits, the city ordinance does not allow
1t TO bring persons before the Mayor ant
ha, e them lined. The Ma, or's jurisdit
tion to fine does not extend hey ond TIN
limits of the city. In this connection h'
would advise the Board Of Health to asl
Cuuucil to so amend the ordinance per
mitting the Board to have the authorit.
to bring persons who reside within on
mile If the city limits, before the Mayo
and have them fined.
A nuisance is local ofIense, and 1
any resilient within the neighborhoo
wherein the nuisance exists fells him
self aggrieved such person C,
make oaJii UeDiv the Mayor, and thu
ono al can bind the personover TO Lour
to answer the charge at Court, and th
Attorney General will in duty bout
, Ike act OH in the matter, and prepare
bill uf Indictment. The Board at an
time can have q Nuisance a1ated ana co
lect the costs for thu same.
Mr.. j. w. Hawkins moved that tn
p .rson aggrieved living in the vici,.ily {
the bone boiling establishment OF A. l.
+ Vaude er, bring suit before the Mayo
J and have him bound over for court.
a The motion was adopted and so the ma
: ter was dispos of.
Mr.. j. w. Hawk MS, complained oftf
a, bad condition of gutter at Fo'irteenl
4 and Market streets.
!, blI. Hepb rn stated that there WEI
several cutters in the lower part of Il
u city in the same way, caused by dei
e leaves.
u Nj. Kennedy moved that the Chi
q Engineer of the Water Department
: requested to open the fire plugs, whit
}. would help clean the cutters out.
The chair stated that a motion to tn
u effect had been pass early IN the Sun
d mer requesting the Street Commission
T, to do The same thiIg but no notice h;
u been taken of it. He said he did not d
II sire in any way 10 be contrary with t
a Street Commissioner, but he desired NJ
d Lynch, aud all the police officers, to d
70 tinctly understand that they are sllhje
to the orders of the Board OF III alth.
e The motion of Mr. Kennedy was ado
: ted and the Board adjourned