The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-03-12
COUNTY noAnDs on nGALrn.
Attorney General Herd submits ga
Opinion Regarding Their Powers.

In response 10 request from DE-, ~, H.
Rider, Secretary of the iitata Hoard OF Health,
Abe Attorney General has given the follow
ing sninion concerning the powers and dn,
Ties OF County Health hoafds
laniAhAr0fs, March 10, 1884,
10 D. =. tideE, Secretary OF Indiana state Hoard
You have inelosed 70 ne copy OF iha onlaal
action ul the luwn aud equity health 0uhalA of
Mash,Ra,ea county w. reference Y Iae sanl.aly
lnunloall0n you tay that the matter has been fe.
Isttei " Seu leF Instructions zoe report Of the
becomes warm, the offensive tmella emAnalina
tIom the aeegmulaliona oi nth in the northeast
lsyeFs ypboid lovers, and the accumulation
sshsIsla VII pc n,elne soil Toe any eln,
roanlry. The umhefs in said public huid
aug are fntlgh Insecure nnh DANGEROUS ~
peers ~ ana 9ee,nnae,'s OF ssia building fPe
Futh Aeendiilon As 10 turn OF falling wafer, Tho
northeast corner OF raid house has been used Tor
ense,eus 10 The health Of ihe sad ee,a sas y
The lhin peieslallns through the insecure root VI
some sir ny Iolilns me manure aud DIN de-.
ptAlitd theftln, 1ht renders the sanitary oOnali
tpA Of .nld building hlafmlngly DANGEROUS %
health, Tue construction aud ventilation Of said
ttufl,nnusn loom IL detrimental 90 the pubio
htAlih, The nlAaleFne OF The ceiling OF said court
provided lor July rooms are Dot Ventilated land sna
constructed 90 na To 10 VA good ny
sithle condition Tor those who occupy Them.
Ne lheietoge as the secretaries OF the hoarda OF
Health OF Warrington County, IN justice 20 the
public health OF tald county aud with a view TO
eAttFmihalinR great nuisance and make the
community FREQ from a cause which II dangerous
40 public health, aud which would be lhe means
community, recommend that said BUILDING he
dorm down AMI All OF the nlth aud nolsome do.
posiia be removed thefeir0m."
The power TO abate nuisance ia limited 10 the
removal OF mat ia which the nuisance consists,
and when u Z the wrongful nae OF property that
such use aud not tear down or dem0lish the bulid.
ing; Meeh W. slewel.2 Doug; Mich. 5 ~ Moody
pafe ti.b, section 81, page ST. 500, 500 l Del.
Nun, Corn, section 3li, Sis Sd IA. lily. W, the
ing for Improper and unlawful purposes created
the nuifance. the Improper use shall be abated
and the building cleaned. II the timbers are rot
tcn and the plastering insecure, the building
would be subject TO repairs and not destruction.
Board OF Health can not make. regulations
and II becomes liable 70 an action ioF wanton or
unnecessary injury. Underwood ". Green, a.
Is Cent ana jour So indianapolis ys Miller 81
lnd,, 80 Dill. Nun. Corp. Section %, 37t, 379.
sd id.l There are times when prevailing plague ana
Whta necessary To arrest their growth aud prog,
fess Without waiting for the dilatory proceedings
oi courts, but when no such towering emergency
OF aouiding ought not 10 be adopted by Board
OF the nuisance should be left to the action OF the
Court What II not nuisance per Sc can not be
ahaied by board OF health until Ii is adjudged
20 be 40 employed as TO be inimical TO public
health or safety. or until the owner contravents
some ordinance prescribing the mode In which
abe property shall be kept and thereby make A a
nuisance state vs.. Cadwallader Sc n. ]. l. 2S2
Rogers vs.. Barker 81 Barb AZ. is Cent Jour.
ass s32t
Courthouse is not nuisance per SO. The
question OF nuisance or nuisance depends
anon the presence or absence of various extrane-
ocs iaols aud circumstances and IL is proper that
the exisieuCe OF these facts and circumstances
and y question "a nuisance. should be referred
20 Court OF competent jurisdiction, instead OF
being determined by Board OF Health. and prop
erty tunmarily destroyed by its order without
compensation 10 the owner. (RogerS vs. Barker
81 Pack. az. 2s Amer. K. EOS. IS cent L. Jour,
f1o section ST.
The Board of Health may pyomulgate and enlorc
such reasonable regulations for the preservation
OF the pUblic health and the prevention OF epidem-
1cs snd contagious diseases as may be deemed ad-
Nlsabe by them. and any person or officer OF a
corporation neglecting or refusing, after
having been notified in writing TO comply with
xhe REQUIREMENTS OF such regulations. shall be
kuhty OF a mlsdeneanor, and. upon conviction
lhe-eof, shan be fined. (R s. 1851, Section 99i)
health, or Indecent or offensive 10 the senses or
81 obstruction 10 the free use of properly 50 As TO
essentially interfere with the comfortable enjoy
1renf OF lie OF properly. Is a nuisance and the
fufiCcf Of an action.
'such action may be brought by any person
whose property ~ iDjurfOusy anected or whose
personal enjoyment f. less ned by the nuisance"
Where proper case Is made, The nuisaaCs may