Power of City Engineer to order filling of lowlands.
Section 2
SEC. 2. Power of City Engineer to order filling of lowlands.—Whenever the Director of Health shall declare, and shall so communicate to the City Engineer of the City of Manila, that any lot or ground within the City of Manila belonging to any person or corporation, or to the Insular Government or any branch or political subdivision thereof, is so low, excavated or walled, dike of dammed as to admit or cause the formation on the surface thereof of stagnant or foul water, which is a nuisance and a menace to the public health, unless filled in, or its sanitary condition otherwise improved, the said City Engineer shall cause a notice to be served on the owner or owners, his or their agents or representatives, or any person in control of such lot or ground, directing him or them, in case it shall not be feasible to drain such lot by means of surface drains into any channel with which such surface drain may lawfully communicate, or to cut or break any retaining wall, dike, or dam, so that such retained water may have free escape, to have said lot or ground filled in to such extent, in such manner, with such material, and within such reasonable time as may be prescribed in such notice; and in case the owner or owners or any of the aforesaid person shall neglect, refuse, or be unable to undertake the filling within the time specified in said notice, which shall not be less than ninety days, the City Engineer shall have the power to have such lot or ground filled in and the expenses thereof charged to the land filled as hereinafter provided, and paid from the special fund herein created. Not later than thirty days prior to the termination of the time specified in the aforesaid notice issued by the City Engineer, any owner aggrieved by the declaration of the Director of Health, by virtue of which the notice was issued, may appeal from the order of the City Engineer to the City Mayor and the Secretaries of the Interior and Public Instruction, whose concurrent decision thereon shall be final.