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If it appears that such structure would be specially unsafe in case <br />of fire, it shall be deemed dangerous within the meaning hereof, and <br />the inspector may affix in a conspicuous place upon its exterior walls <br />a notice of its dangerous condition, which shall not be removed or <br />defaced without authority from him. <br />SEc. 5. Whoever is so notified shall be allowed until twelve <br />o'clock noon of the day following the service of the notice in which <br />to commence the securing or removal of such structure, and he shall <br />employ sufficient labor speedily to secure or remove it; but if the <br />public safety so requires and if the mayor and alderman or select- <br />men so order, the inspector may immediately enter upon the prem- <br />ises with the necessary workmen and assistants and cause such <br />unsafe structure to be shored up, taken down or otherwise secured <br />without delay, and a proper fence or boarding put up for the pro- <br />tection of passers-by. <br />SEc. 6. If such owner, agent or person interested in such unsafe <br />structure refuses or neglects to comply with the requirements of <br />such notice within the time limited, and such structure is not <br />secured or taken down as therein ordered, a careful survey of the <br />premises shall be made by a board consisting in a city, of the city <br />engineer, the chief engineer of the fire department and one disinter- <br />ested person to be appointed by said inspector, and in a town, of a <br />surveyor, the chief engineer of the fire department and one disinter- <br />ested person to he appointed by said inspector. <br />If there is no city engineer in such city or no chief engineer of <br />the fire department in such city or town, the mayor and aldermen or <br />selectmen, as the case may be, shall designate one or more officers <br />or other suitable persons in place of the officers so named as mem- <br />bers of said board. <br />A report of such survey shall be made in writing and a copy <br />thereof served on such owner, agent or any interested person. <br />Sec. 7. If such report declares such structure to be unsafe and <br />dangerous, and if the owner, agent or person interested continues <br />such refusal or neglect, the inspector shall cause it to be taken down <br />101 <br />or otherwise made safe; and the costs and charges incurred shall <br />constitute a lien upon the land upon which the building is situated, <br />and shall be enforced within the time and in the manner provided <br />for the collection of taxes on land ; and such owner or interested <br />person shalj, for every day's continuance of such refusal or neglect <br />after being so notified, forfeit to the city or town in which the struc- <br />ture is situated not less than ten nor more than fifty dollars. <br />SEC. 8. An owner or interested person who is aggrieved by such <br />order may have the remedy prescribed by sections two, three and <br />four of chapter one hundred and one; but the provisions of this <br />section shall not prevent the city or town from recovering the for- <br />feiture provided in the preceeding section from the date of the ser- <br />vice of the original notice, unless the order is annulled by the jury. <br />SEc. 9. If an owner or interested person lives out of the Common- <br />wealth, said notices may be served upon him by a notary public, <br />whose certificate of service under his notarial seal shall be sufficient <br />evidence thereof. <br />SEc. 10. The supreme judicial court or the superior court shall <br />have jurisdiction in equity to restrain the construction, alteration, <br />maintenance or use of a building or structure in violation of the <br />provisions of any ordinance or by-law of a city or town and to order <br />its removal or abatement as a nuisance ; and to restrain the further <br />construction, alteration or repair of a building or structure reported <br />to be unsafe or dangerous under a survey authorized by section six, <br />until the determination of the matter, as provided in section eight. <br />In connection with the acceptance of the above sections, the <br />town passed the following vote :— <br />Voted, that until otherwise provided by vote of the town, the <br />operation of Section 2 of Chap. 104 of the Revised Laws shall be <br />limited and apply only to all lots or parcels of land surveyed, platted <br />or laid out for building purposes, and also to all other parcels or lots <br />of Iess than one acre. <br />102 <br />