The Birmingham age-herald., 1915-10-23


 schools as If the same were not within the incorporated territory.
 Approved September It, 1915.
 Of'cial: JOHN PuHIFoY.
 ecretary of State.
 AN ACT
 No. 7SsD (II 136s. Chamberlain To amend section 7lS of the printed code of Alabama of 1907
 Be it enacted by the legislature of Ala bama, that section 71S of the printed
 code of Alabama of 1907 be so amended as to read as follows:
 Section 71S. That whenever the health officer of a county, city. or town. dis covers a nuisance, or whenever complaint is made in writing to such heslth of ficer that a nuisance exists. such health officer shall if the nuisance be in a mu- ricipality provided with ordinances TOT the abatement thereof. proceed in &C., ccrdance with such ordinances. but if the alleged nuisance exist in a municipality
 not provided with ordinances fixing a method of procedure for the apatement thereof. or if the nuisance exist out side of the corporate limits of a munich
 pality the procedure shall be as fol- lows The health officer of such munich paiity, or of territory outside of the cor porate limits of a municipality, shall thor oughly investigate the insanitary condi-
 tion discovered. complained of, and should he reach the opinion that the con- dition constitutes a nuisance, he shall promptly order the person, or persons, , responsible therefor to remove or abate the same at his, their, own expense, and shall fix a reasonable time within which this shall be done. Should the person, or persons, so ordered refuse or fail to abate or remove the nuisance With in the time fixed, or should such person. or persons, notify the health officer of their refusal to abate or remove the nuisance, the health officer shall, as soon as can be done, request the chairman of the committee of public health of the county board of health to call a meeting of said committee, giving the members thereof ample notice of the time and place of meeting, for the purpose of determin- ing the following things: Q) Whether or not the alleged nuisance is in fact a nuisance. @ The method of abatement or removal, in case the alleged nuisance be declared in fact nuisance. (0 Wheth- CT the person alleged to be responsible for the nuisance is in fact so responsible. Due notice of the time and place of such | meeting of the committee of public health shall be sent to the person. or persons, alleged to be responsible for the nuisance. A quorum of the committee of public health shall consist of not less than three | members of said committee. Tn the event of a quorum not being present those members who are present shall adjourn | to date to be fixed by them, of which date the members of said committee who were not present, and also the person, or persons, alleged to be responsible for the nuisance shall be duly notified. When ever a quorum of the said committee is present the procedure shall be as fol- l lows: All evidence that may be offered, both for or against the alleged existence of nuisance shall be received and all pc rites directly interested shall be heard | In person, or by counsel, or both. At the termination of the hearing the said committee shall submit its opinion on l the questions propounded, in writing, a l copy of which shall be furnished by the health officer concerned to the person, or 1 persons, alleged to be responsible for the nuisance. Should the opinion of the com mittee be that nuisance does in fact ex- | ist- and that the person, or persons, charged with responsibility therefor is, the person, or are the persons, responsible for it's creation or maintenance. the health officer concerned shall prescribe the time within which the nuisance must be abated or removed and must so notify the per- son, or persons, responsible therefor. | Should such person, or persons, refuse or
 fail to execute such order, the health of | ficer concerned shall notify the court of county commissioners, or other board of like character, or the mayor and coun- l cil or other governing body of an incor- porated town in which no ordinances ex- | ist fixing a method of procedure for the
 abatement of nuisances, as the case may be, whereupon it shall be the duty of l the court of county commissioners, or oth-
 CT board of like character, or of the mayor and council,< other governing body, of such town, as the case may be, | to proceed forthwith to have the nuisance I-l t-. had 1xr fy, 0 committee of public health, and shall be
 authorized to incur such expense as may be involved in such abatement. At the suit of said court of county commission CTS, or of other board of like character,
 or of the mayor and council, or other governing body, of such town, in any
 court of competent jurisdiction, judgment
 may be rendered against tho person or
 persons, responsible for the nuisance for l the cost of abatement, the cost to be a | Her on the property from which said l nuisance was abated provided that the person, or persons, responsible for said nuisance is, or are, the owner, or owners, l of said property. In the event that the owner or owners, of the property on which a nuisance exists be non-resi- dent br non-residents, it shall be law | ful to give notice to such person, or per sons, to abate the nuisance by publica- ! ton in a newspaper published In the
 county in which said property is situated once each week for two consecutive
 weeks, the cost of such publication to be l assessed to such owner, or owners, and If not paid it shall be considered as part of the expense of abating the nuisance. l The court of county commissioners, or l other board of like character, or the mayor and council, or other govern l ing body of municipality may | grant a person, or persons, responsi- | ble for the expense incurred by such court of county commissioners, or other beard of like character, or by the mayor | and council, or other governing body of
 a municipality, bl the abatement of a | nuisance such time as may be deemed proper in which to repay such expense any such extension of time shall pro- vide for equal annual installments. not to exceed 10, fof all deferred payments. such l deferred payments to bear interest at the | rate of 5 percentum per annum, payable annually provided, however, that no nut nicipality or county, shallShot be required to pay more than $500 in any ono year ] for the abatement of nuisances, unless l such municipality, or county, has legally l voted to expend sums, in which event the municipality or the county. may stipulate an additional amount which it will con sent to expend.
 Approved September 25, 1915.
 official:
 JOHN PURIFOY,
 Secretary of State
 AN ACT
 II No. 696.) (H. 770. Hudson TO apuropriate the sum of seven thou.