Any boom or weir in or over any creek or river so constructed as to prevent the passage of logs or lumber, is a public nuisance, which may be abated unless a suitable sluiceway, lock or passage be made thereon, within thirty (30) days after written notice given by any person interested, and any person owning, holding or occupying such boom or weir is liable to pay five dollars ($5.00) for every day the same remains in or over said creek or river, after thirty (30) days’ notice to remove the same, and is liable for any damages sustained by individuals by reason of said boom or weir.