ART. 4.] CITY OF BALTIMORE. 311

amount expended in front of said property, by suit against the
owner or owners.

799. The said owner or owners may in such action defend
themselves against any such claim for expenses of paving and
the collection thereof, by proof that no such nuisances existed,
or that the paving of the said street, lane or alley was not neces-
sary to the removal or abatement thereof, or that such nuisance
was caused by an act or ordinance of said city or its officers in
the execution of their duty.

800. The expenses of such paving, and the expenses incident
to' the collection thereof, shall be a lien upon the property
chargeable therewith, and when the right of the city to recover
the same has been determined, the mayor and city council may
levy such expenses upon said property.

801. If any of said property shall be owned by persons not
resident within the limits of said city, then after public notice
given at least three times a week for three successive weeks in
two newspapers of the city, by advertisement, describing the
property chargeable, the amount of expense with which it is
chargeable, and, if known, the name of the owner or owners
thereof, the mayor and city council may proceed to levy said
expenses upon the interest of such non-resident in said property,
without any previous suit to determine their right to the same.

802. Such non-resident may, at any time within three months
after said expenses have been levied and collected, institute an
action against the mayor and city council for the recovery of
the same, and if it shall appear in such action that public
notice was not given as hereinbefore directed, or that no such
nuisance existed, or that the paving of said street, lane or alley
was not necessary to the removal or abatement thereof, or that
the same was caused by any act or ordinance of the city, or by
its officers in the execution of their duty, such non-resident shall
recover the expenses of paving and collection so levied upon his
property.

803. Whenever any nuisance dangerous to the health of the
city shall be found upon any vacant lot within the city, the
mayor and city council may remove or abate the same, and
shall have the same remedy against the owner of such lot for
the expense of so doing as are given in the five preceding sec-