of this act, shall also jointly and severally for each such violation and each such nuisance be subject to a civil penalty of fifty dollars to be recovered for the use of the health department in civil action brought in the name of the munici pality by the health officer or by such other appropriate public official as the mayor may designate. Such persons shall also be liable for all costs, expenses and disbursements paid or incurred by the health department, by any of the officers thereof or by an agent, employe or contractor of the same, in the removal of any such nuisance or violation. Any person who having been served with a notice or order to remove any such nuisance or violation shall fail to comply with said notice or order within five days after such service, or shall continue to violate any provisions or requirement of this act in the respect named in said notice or order, shall also be subject to a civil penalty of two hundred and fifty dollars. For the recovery of any such penalties, costs, expenses or disbursements, an action may be brought in the circuit court for the county or any court of competent civil jurisdiction. In case the notice required by sections one hundred six and one hundred seven of this act is not filed, or in case the owner, lessee or other person having control of such dwelling does not reside within the State or cannot after diligent effort be served with process therein, the same being duly made to appear to the satisfaction of the court, an order may be entered by the court for the publication of notice to the owner not served in a newspaper of general circulation published in the county once in each week for two successive weeks, requiring such owner to appear and defend such suit, if he desires, within one week after the last publication of such notice, and upon filing due proof of the publication of such notice, such action may proceed in rem against the dwelling or structure upon the same lot with the dwelling, and the lot involved, and in personam against any other person duly served in said proceeding, if there be such person. The existence of a nuisance in or upon such dwelling, structure on the same lot with a dwelling or on such lot, which the owner thereof has created or permitted to exist and any violation of this act as to such dwelling, structure and lot of which the owner has been guilty shall in such proceeding subject such dwelling, structure and lot respectively to a penalty of fifty dollars which shall be a lien thereon until paid; and any violation of an order made or a notice given by the health officer permitted or committed by the owner of a dwelling, structure on the same lot with a dwelling, or such lot, shall in such proceeding subject the dwelling, structure and lot respectively to a penalty of two hundred fifty dollars, which penalty shall be a lien thereon until paid.

SEC. 102. Procedure. Except as herein otherwise specified, the procedure for the prevention of violations of this act or for the vacation of premises unlawfully occupied, or for

other abatement of nuisance in connection with a dwelling, shall be in accordance with the existing practice and procedure. In case any dwelling, building or structure is constructed, altered, converted or maintained in violation of any provision of this act or of any order or notice of the health officer or such other appropriate public official as the mayor may designate, or in case a nuisance exists in any such dwelling, building or structure or upon the lot on which it is situated, said health officer or such other appropriate public official as the mayor may designate, may institute any appropriate action or proceeding to prevent such unlawful construction, alteration, conversion or maintenance, to restrain, correct or abate such violation or nuisance, to prevent the occupation of said dwelling, building or structure, or to prevent any illegal act, conduct or business in or about such dwelling or lot. In any such action or proceeding said health officer may by a bill or petition duly verified, setting forth the facts, apply to the circuit court in chancery for the county, or to any judge thereof, for an order granting the relief for which said action or proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, structure or lot, or from occupying or using the same for any purpose until the entry of final judgment or order. In case any notice or order issued by said health officer or such other appropriate public official as the mayor may designate, is not complied with, said health officer may apply to the circuit court or to any judge thereof for an order authorizing him to execute and carry out the provisions of said notice or order, to remove any violation specified in said notice or order, or to abate any nuisance in or about such dwelling, building or structure or the lot upon which it is situated. The court or any judge thereof is hereby authorized to make any order specified in this section. In no case shall the health department, health officer, or such other appropriate public official as the mayor may designate, or any officer or employe thereof, or the city, be liable for costs in any action or proceeding that may be commenced in pursuance of this act. The actions, proceedings and authority of the health officer shall at all times be treated as prima facie just and legal.

SEC. 103. Tenant's Responsibility. If the occupant of a dwelling shall fail to comply with the provisions of this act after due and proper notice from the health officer, such failure to comply shall be deemed sufficient cause for the summary eviction of such tenant by the owner and the cancellation of his lease.

SEC. 104. Liens. Every fine or penalty imposed by judgment under section ninety-five of this act upon the owner of a dwelling or of a structure on the same lot with a dwelling, or of a lot, shall be a lien upon the real property in relation

to which the penalty is imposed from the time of the filing of a certified copy of said judgment in the office of the register of deeds of the county in which said dwelling is situated, subject only to taxes, assessments and water rates and to such mortgage and mechanics' liens as may exist thereon prior to such filing; and it shall be the duty of the health officer or such other appropriate public official as the mayor may designate, upon the entry of said judgment to forthwith file a copy as aforesaid, and such copy, upon such filing, shall be forthwith indexed by the register of deeds in the index of mechanics' liens.

SEC. 105. Lis Pendens. In any civil action or proceeding instituted by the health officer, the plaintiff or petitioner may file in the office of the register of deeds of the county where the property affected by such action or proceeding is situated a notice of the pendency of such action or proceeding. Said notice may be filed at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by said health officer, or by such other appropriate public official as the mayor may designate. Such notice shall have the same force and effect as the notice of pendency of action in chancery affecting real estate. Each register of deeds with whom such notice is filed shall record it, and shall index it to the name of each person specified in a direction subscribed by the corporation counsel or city attorney. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is pending, or upon the consent in writ ing of the corporation counsel or city attorney. The register of deeds of the county where such notice is filed is hereby directed to mark such notice and any record thereof as cancelled of record, upon the presentation and filing of such consent or of a certified copy of such order.

SEC. 106. Registry of Owner's Name. Every owner of a dwelling and every lessee of the whole house or other person having control of a dwelling shall file in the health department a notice containing his name and address and also a description of the property, by street number or otherwise as the case may be, in such manner as will enable the said department easily to find the same; and also the number of apartments in each house, the number of rooms in each apartment and the number of families occupying the apartments.

SEC. 107. Registry of Agent's Name. Every owner, agent or lessee of a dwelling may file in the health department a notice containing the name and address of an agent of such house, for the purpose of receiving service of process, and also a description of the property by street number or otherwise as the case may be, in such manner as will enable the

health department easily to find the same. The name of the owner or lessee may be filed as agent for this purpose.

SEC. 108. Service of Notices and Orders. Every notice or order in relation to a dwelling shall be served five days before the time for doing the thing in relation to which it shall have been issued. The posting of a copy of such notice or order in a conspicuous place in the dwelling, together with the mailing of a copy thereof on the same day that it is posted, to each person, if any, whose name has been filed with the health department in accordance with the provisions of sections one hundred six and one hundred seven of this act at his address as herewith filed, shall be sufficient service thereof. SEC. 109. Service of Summons and Subpoena. In any action brought by the health officer or by such other appropriate public official as the mayor may designate, in relation to a dwelling for injunction, vacation of the premises or abatement of nuisance, or to establish a lien thereon or to recover a civil penalty, it shall be sufficient service of the summons or subpoena to serve the same as notices and orders are served under the provisions of the last section: Provided, That if the address of any agent whose name and address have been filed in accordance with the provisions of section one hundred seven of this act is in the city in which the dwelling is situated, then a copy of the summons or subpoena shall be served upon such agent or shall be delivered at such address to a person of proper age, if upon reasonable application admittance can be obtained and such person found, and provided also that personal service of the summons upon the owner of such dwelling shall be sufficient service thereof upon him.

SEC. 110. Indexing Names. The names and addresses filed in accordance with sections one hundred six and one hundred seven shall be indexed by the health officer or by such other appropriate public official as the mayor may designate, in such a manner that all of those filed in relation to each dwelling shall be together and readily ascertainable. Said indexes shall be public records, open to public inspection during business hours.

SEC. 111. Enforcement. The provisions of this act shall be enforced in each municipality by the health officer, or by such other appropriate public official as the mayor may designate, except that the department of buildings, where such department exists in a municipality shall enforce the provisions herein contained under the title "Fire Protection" and the provisions contained in sections ninety-five, ninetysix and ninety-seven hereof. An action may also be brought and proceedings taken for the enforcement of this act by any taxpayer of said city.

SEC. 112. Powers Conferred. The powers conferred by this act upon the public officials heretofore in this act mentioned shall be in addition to the powers already conferred

upon said officers, and shall not be construed as in any way limiting their powers except as provided in section eight.

SEC. 113. Inspection of Dwellings. The health officer or such other appropriate public official as the mayor may designate, shall cause a periodic inspection to be made of every multiple-dwelling at least once a year. Such inspection shall include thorough examination of all parts of such multipledwelling and the premises connected therewith. The health officer or such other appropriate public official as the mayor may designate, is also hereby empowered to make similar inspections of all dwellings as frequently as may be necessary. SEC. 114. Right of Entry. The health officer or such other appropriate public official as the mayor may designate, and all inspectors, officers and employes of the health department, and such other persons as may be authorized by the health officer, or by such other appropriate public official as the mayor may designate, may without fee or hindrance enter, examine and survey all premises, grounds, erections, structures, apartments, dwellings, buildings and every part thereof in the city. The owner or his agent or representative and the lessee and occupant of every dwelling and every person having the care and management thereof shall at all reasonable times when required by any such officers or persons give them free access to such dwellings and premises. The owner of a dwelling and his agents and employes shall have right of access to such dwelling at reasonable times for the purpose of bringing about a compliance with the provisions of this act or any order issued thereunder.

SEC. 115. Injunction; Undertaking. No preliminary injunction in relation to this act shall be granted against the health department or its officers except by the circuit court or a judge thereof after service of at least three days' notice together with copies of the papers upon which the motion for such injunction is to be made. Whenever such department shall seek any provisional remedy or shall prosecute an appeal it shall not be necessary before obtaining or pros ecuting the same to give a bond.

SEC. 116. Laws Repealed. All statutes inconsistent with the provisions of this act are hereby repealed. All charter provisions, regulations and ordinances of municipalities are hereby superseded insofar as they do not impose requirements other than the minimum requirements of this act, and except in case of such higher local requirements, this act shall in all cases govern.

SEC. 117. It is intended that this act shall be valid to the fullest extent possible and that its invalidity, if any, in any feature shall not render the remainder of it invalid or inoperative.

Approved May 2, 1917.