In cities of the first class when the board of health shall declare any private alley or driveway and/or retaining wall appurtenant thereto, to be a nuisance by reason of improper grading or defective paving of said alley or driveway, and/or retaining wall appurtenant thereto, and shall so certify to the Department of Public Works, the said Department of Public Works is hereby empowered to abate said nuisance upon the neglect or refusal of the registered owners of the property abutting on, or having the use, or actually using, such alley or driveway and/or retaining wall appurtenant thereto to abate said nuisance within sixty days after service of notice, by the said Department of Public Works, upon the said registered owners so to do, as hereinafter provided.
53 P.S. § 13871