county, and when the property is sold enough of the proceeds shall be paid into the city and county treasury to satisfy the lien and costs, and the overplus, if any there be, shall be paid to the owner of the property, if he be known, and if not, then into the court for his use when ascertained. The board of health is hereby vested with power to act upon, define, determine, and adjudge what shall constitute a nuisance in said city and county, and to require the same to be abated in a summary manner. Any person who maintains, permits, or allows a nuisance to exist upon his or her property or premises, after the same has been determined by said board to be a nuisance, and after notice to remove the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly; and each day of such existence, after notice, shall be deemed a separate and distinct offense, and it is the duty of the health officer to prosecute all persons guilty of violating this law by continuous prosecutions until the same is abated and removed. History: Enacted March 12, 1872, founded upon § 30 Act April 4, 1870, Stats. 1869-70, pp. 720-721; amended March 9, 1878, Code Amdts. 1877-8, pp. 57-58. 84 C. 304, 306, 24 P. 34 (cited). The § 3029. HEALTH OFFICER TO KEEP FEE-BOOK. health officer must keep in his office a book in which he must make an entry of all fees collected by him. He must pay all fees collected to the city and county treasurer weekly, to the credit of the general fund. History: Enacted March 12, 1872, founded upon § 32 Act April 4, 1870, Stats. 1869-70, p. 721. 84 C. 304, 306, 24 P. 34 (cited). § 3030. BOND OF HEALTH OFFICER. The health officer must execute an official bond, to be approved by the board of health, in the sum of ten thousand dollars. History: Enacted March 12, 1872, founded upon § 33 Act April 4, 1870, Stats. 1869-70, p. 721. 84 C. 304, 306, 24 P. 34 (cited). Official bonds, generally. See Kerr's Cyc. Pol. C. §§ 947 et seq. and notes. EMPOWERED TO ADMINISTER § 3031. OFFICERS OATHS. Any member of the board of health, health officer, or quarantine officer, or secretary, or assistant secretary of the health department, is empowered to administer oaths on business connected with that department. History: Enacted March 12, 1872, founded upon § 34 Act April 4, 1870, Stats. 1869-70, p. 721; amended March 9, 1878, Code Amdts. 1877-8, p. 58. 84 C. 304, 306, 24 P. 34 (cited). § 3032. ACTIONS, IN WHOSE NAME MAINTAINED. Whenever any cause of action arises under any of the provisions of this chapter, suit may be maintained therein, in the name of the health officer, in any district court [superior court?] of this state. History: Enacted March 12, 1872. Quaere: Whether an action can be maintained for a violation of this chapter for want of a court authorized to try the cause. § 3033. VACATION OF INFECTED AND DANGEROUS HOUSES. Whenever it shall be certified to the board of health, by the health officer, that any building, or part thereof, is unfit for human habitation, by reason of its being so infected with disease as to be likely to cause sickness among the occupants, or by reason of its want of repair has become dangerous to life, said board may issue an order, and cause the same to be affixed conspicuously on the building, or part thereof, and to be personally served upon the owner, agent, or lessee, if the same can be found in this state, requiring all persons therein to vacate such building, for the reasons to be stated therein as aforesaid. Such building, or part thereof, shall, within ten days thereafter be vacated, or within such shorter time, not less than twenty-four hours, as in said notice may be specified; but said board, if it shall become satisfied that the danger from said house, or part thereof, has ceased to exist, may revoke said order, and it shall thenceforward become inoperative. History: Enacted March 9, 1878, Code Amdts. 1877-8, p. 58. 84 C. 304, 306, 24 P. 34 (cited). § 3034. REPORT AS TO INFECTIOUS DISEASES. 1. Every physician in the city and county shall report to the health officer, in writing, every patient he shall have laboring under Asiatic cholera, variola, diphtheria, or scarlatina, immediately thereafter, and report to the same officer every case of death from such disease, immediately after it shall have occurred. 2. Every household in said city and county shall forthwith report, in writing, to the health officer, the name of every person boarding or an inmate at his or her house, whom he or she shall have reason to believe sick of cholera or smallpox, and any deaths occurring at his or her house from such dis ease. History: 58-59. Enacted March 9, 1878, Code Amdts. 1877-8, pp. 84 C. 304, 306, 24 P. 34 (cited). § 3035. BOARD OF HEALTH TO HAVE CHARGE OF CEMETERY. The board of health shall have entire charge of the city cemetery, and shall employ a superintendent, at a salary of seventy-five dollars per month, the same to be paid as the salaries of other employees are paid. History: Enacted March 9, 1878, Code Amdts. 1877-8, p. 59. 84 C. 304, 306, 24 P. 34, 35 (cited); 131 C. 169, 174 (erroneously cited for § 3025), 63 P. 174 (same error), 53 L. 382 (same error). § 3042. BOARD OF HEALTH, WHO AND HOW APPOINTED. The board of trustees of the city of Sacramento may establish by ordinance a board of health therefor, to consist of five practicing physicians, graduates of a medical college of recognized respectability; and the president of the board of trustees is ex officio president of the board. History: Enacted March 12, 1872, founded upon § 1 Act March 27, 1868 (Stats. 1867-8, p. 403), as amended by Act March 29, 1870, Stats. 1869-70, p. 452. § 3043. TERM OF OFFICE. The members of the board hold their offices at the pleasure of the appointing power. History: Enacted March 12, 1872. § 3044. POWERS OF THE BOARD OF HEALTH. The board of health of the city of Sacramento has a general supervision of all the matters appertaining to the sanitary condition of the city, and may make such rules and regulations in relation thereto as are not inconsistent with law. History: Enacted March 12, 1872, founded upon § 2 Act March 27, 1868 (Stats. 1867-8, p. 403), as amended by Act March 29, 1870, Stats. 1869-70, p. 452. § 3045. PEST-HOUSES, HOW LOCATED AND CONDUCTED. The board of health may locate and establish pest-houses, and cause to be removed thereto and kept, any person having a contagious or infectious disease; may discontinue or remove the same, and make such rules and regulations regarding the conduct of the same as are needful. History: Enacted March 12, 1872, founded upon § 1 Act March 10, 1853, Stats. 1853, p. 35. § 3046. DEATH RECORDS. The board of health must exercise a general supervision over the death records of the city of Sacramento, and may adopt such forms and regulations for the use and government of physicians, undertakers, and superintendents of cemeteries, as in their judgment may be best calculated to secure reliable statistics of the mortality in the city and prevent the spread of disease. History: Enacted March 12, 1872, founded upon § 3 Act March 29, 1870, Stats. 1869-70, p. 452. § 3047. ENFORCEMENT OF REGULATIONS. HEALTH OFFICER. The board of trustees of the city of Sacramento must, by ordinance or otherwise, provide for enforcing such orders and regulations as the board of health may from time to time adopt; and in times of epidemics, or when deemed necessary by the board of health, a health officer must be employed to enforce the laws in relation to the sanitary condition of the city. History: Enacted March 12, 1872, founded upon § 4 Act March 29, 1870, Stats. 1869-70, p. 452. § 3048. EXPENSES, HOW PAID. All expenses necessarily incurred in carrying out the provisions of this article must be provided for by the board of trustees of the city of Sacramento, who may make appropriation therefor out of the special street fund, if the same is sufficient; if not, they may by taxation provide a fund therefor. History: Enacted March 12, 1872, founded upon and extension of § 5 Act March 29, 1870, Stats. 1869-70, p. 452. § 3049. COMPENSATION, HOW FIXED. The board of trustees must fix the compensation of the board of health and the health officer. History: Enacted March 12, 1872. |