City of New Castle v. Uzamere

Dissenting Opinion by

Senior Judge KELLEY.

I respectfully dissent.

Section 2821 of the Third Class City Code (Code)1 provides, in pertinent part:

Whenever the board of health shall determine ... that a public nuisance exists or is about to exist, it may order the nuisance to be removed abated, suspended, altered, or otherwise prevented or avoided. Notice of such order, bearing the official title of the board and the number of days for compliance therewith and the alternative remedy of the board in case of non-compliance, shall be served upon the person, if any, whom the board deems responsible…