5 In the case of the stream, in which uniformity in the manner of abatement of its conditions is essential, it will be proper for the order issued to individual owners to indicate the manner and the dimensions of the improvements. 6 In the event that any owner or tenant declines or neglects to comply with the order duly issued, it will be the duty of the board of health to enter on the premises and abate the conditions or nuisance there existing and to charge the expense of such abatement against the owner or occupant, all in accordance with sections 26 and 27 of the Public health law. 7 I respectfully request that I may be informed not later than November 5th, as to the action your board may take in this matter and the progress made in securing the abatement desired, in order that I may make my report on the matter to the State Board of Health. I am, dear sirs, Very respectfully, OLIN H. LANDRETH, Consulting engineer State Board of Health CANISTEO, N. Y., November 9, 1898 HON. C. W. ADAMS, Chairman Drainage Committee, State Board of Health, Albany, N. Y.: Dear Sir-In the matter of the Chittenango drainage complaints, concerning which I submitted to you a preliminary report on October 24th and accompanied it with a copy of a report made to the health officer and board of health of Chittenango at your direction, also on October 24th. I beg to report that I have just received from Dr. S. D. Hanchett, health officer, a letter, dated November 7th, stating that no steps had been taken by the local authorities toward the improvement of the conditions complained of, but that the health officer and one member of the board of health were ready to execute any order that the State Board of Health may make. As this failure on the part of the local board of health to take any steps to improve the conditions complained of by four members of the village government in two complaints of September 15th addressed to the State Board of Health, renders action on these complaints necessary by the State Board of Health. I beg to state in addition to the facts set forth in the correspondence and complaints from Chittenango, and in my report to the local authorities, that the conditions are fully as bad as indicated in the complaints. The small stream referred to, and which flows along the abandoned bed of an old branch canal, has a small drainage area, less than one-half square mile, but is fed almost wholly by several small springs. On the day of my examination, the 22d of October, the stream was flowing about six cubic feet of water per second, which was reported by two gentlemen familiar with the stream to be fully three times its ordinary summer flow. On this stream within a stretch of less than 800 feet are located at least 17 privies, each placed immediately over and spanning the stream, and dropping not only its normal discharge into the stream, but many also being the dumping ground for the household garbage and domestic waste of the premises. After rains the stream carries as sediment a black muck, which causes the solid matter from the privies to be deposited along the stream bed as a foul sewage sludge, so that the stream in fact is one elongated cesspool in the immediate vicinity of the houses on the lots, as the lots are both narrow and shallow. This ditch has been uninterruptedly used as the drainage of the water shed and springs since the abandonment of the branch canal, more than 30 years ago, and the deeds of these lots, given by the state to whom the canal bed reverted on its abandonment, stipulate the right of drainage through lots. It would appear from local accounts and the facts gathered, that the local board of health-composed of three members-at first authorized and supported the health officer in his efforts to abate the unsanitary conditions, but that when the action of the health officer in his efforts to improve the condition developed opposition from the owners of some of the lots on which the nuisance existed, the support of the two members of the board of health was withdrawn; and that these two members have threatened to resign if compelled to abate the nuisance complained of, the existence of which they do not deny. I beg therefore to recommend that the State Board of Health proceed to take the action on these two complaints of September 15th herewith returned which the Public health law specifically indicates for such cases. I am, dear sir, Yours very truly, OLIN H. LANDRETH, Consulting engineer ALBANY, December 24, 1898 G. B. HILL, President Board of Health, Village of Chittenango, Chittenango, N. Y.: Dear Sir-Under date of September 15, 1898, the attention of this Board was called by a petition signed by Luke McHenry, president; Thomas H. Mitchell and George E. Merwin, trustees of the village of Chittenango, also Dr. S. D. Hanchett, the health officer, to certain alleged unsanitary conditions existing in your village, caused, as stated in a communication to your board from Dr. Hanchett, under date of September 15, 1898, by reason of the use of a stream running parallel with Seneca street for the deposit therein of the contents of privy vaults, offal, garbage and other unsanitary substances. An investigation having been made by Prof. Olin H. Landreth, one of the consulting engineers of this Board, his report upon such investigation (a copy of which was sent to your board), fully justifies the complaints made. Therefore by virtue of the authority vested in us under section 25 of the Public health law, you are hereby directed to convene the board of health of the village of Chittenango within 15 days. from the date of this notice, for the purpose of taking the action necessary to cause the abatement of the nuisances complained of, provision for which is made by sections 25,26 and 27 of the Public health law, a copy of which has been sent to you. Please acknowledge the receipt of this communication. Very respectfully, BAXTER T. SMELZER, Secretary DANIEL LEWIS, President BAXTER T. SMELZER, M. D.: CHITTENANGO, September 4, 1899 The law in regard to vaccination in our union school district has been fully complied with. The stream or ditch running parallel with Seneca street in the village of which a former complaint was made to your Board, September 15, 1898, remains in the same condition at this time. The president of the board of health, Mr. Hill, after receiving your instructions last fall, resigned; also, Mr. Spencer, secretary of the board, resigned, in order to avoid carrying out your instructions. A new board was appointed last spring and they have refused to receive your instructions, but passed a resolution of which I send you a copy and after serving notice upon property owners in accordance with the resolution of the board, C. A. Hitchcock, a lawyer and a member of the board of health of said village, says the resolution of the board and the notice to property owners is defective and not worth the paper it is written upon. I submit the notice and resolution to your inspection and if you find it is not in accordance with the law, I see no other way only that your State Board of Health take hold of the matter and abate the nuisance complained of. An early reply is desired. Yours respectfully, S. D. HANCHETT, M. D., Health officer A copy of the resolution of the board of health of Chittenango, dated July 10, 1899: To You are hereby required to immediately abate a nuisance on your premises on Seneca and Rouse streets road, viz.: A ditch or stream to be cleaned and made two feet wide and two feet deep on grade of map on file with the village clerk, and that all privies and obstructions be removed from said ditch within 10 days after the service of this notice, or the same will be executed as the board may otherwise provide and the expense thereof will be collected from you together with the penalty for neglect in relation thereto. By order of the board of health of the village of Chittenango. S. D. HANCHETT, Health officer Hereunto annexed is a copy of the resolution of the board of health: To S. D. HANCHETT, Health officer: Resolved, That the board clean the ditch from P. Carl's north line to George Clark's north line, two feet wide, two feet deep, on grade of map on file with village clerk, and that all privies and obstructions be removed from said ditch. Further Resolved, That health officer serve notices on the property owners along said ditch to clean ditch in accordance with resolution within 10 days of serving of notices. J. V. FLAHERTY, Clerk CHITTENANGO, N. Y., July 10, 1899 ALBANY, September 11, 1899 8. D. HANCHETT, Health officer, Chittenango, N. Y.: Dear Sir-I am in receipt of your communication of the 4th inst., in which you state that the board of health of your village have failed to cause the abatement of a nuisance in the village of Chittenango, as directed by an order from this Board under date of December 24, 1898. In reply you are informed that the attention of the Board will be called to the matter at a meeting to be held within the next two weeks. Very respectfully, BAXTER T. SMELZER, Secretary CHITTENANGO, N. Y., September 23, 1899 BAXTER T. SMELZER, Secretary State Board of Health: Dear Sir-Yours of September 11th was duly received, and in reply I would say that our local board have finally commenced to fix the ditch in accordance with their resolution, a copy of which I sent you. If they should fail in any particular I will notify you at once. S. D. HANCHETT, |