792
On non- compliance with notice
complaint to
be made before a
magistrate.
Power of magistrate to make an order dealing with
a nuisance.
Order prohibiting use, etc.,
of building unfit for human habitation, or for
animal
habitation.
Penalty for contravening order of magistrate or for defacing
any copy of such order.
a
or
24. If such person has not obtained from the Council modification withdrawal of the notice, and con- tinues to make default in complying with the requirements thereof, or, in the case of a nuisance, if the same, although abated since the service of the notice, is in the opinion of the Council likely to recur on the same premises, the Council shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a magistrate, who shall thereupon issue a summons, requiring the person on whom the notice was served to appear before him.
25.-(1) If the magistrate is satisfied that the require- ment of the Council is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the said premises, he shall make an order on such person-
(a) requiring him to comply with all or any of the require- ments of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or
(b) prohibiting the recurrence of the nuisance, and direct- ing the execution of the works necessary to prevent the re-
currence; or
(c) both requiring abatement and prohibiting the recur- rence of the nuisance.
(2) The magistrate may, by his order, impose a fine not exceeding fifty dollars on the person on whom the order is made, and shall also give directions as to the payment of all costs incurred up to the time of the hearing or making of the order.
28. Where the nuisance proved to exist is such as to render any building, in the judgment of the magistrate, unfit for human habitation, or for animal habitation, he may by an order in writing prohibit the use thereof for the purpose until, in his judgment, it has been rendered fit for that purpose, and may direct that a copy of such order be affixed to the building in question, and may further order that such building, and the approaches thereto (if any), shall be pro- perly closed and secured by the owner; and, on the magistrate being satisfied that it has been rendered fit for that purpose, he may by order declare the building habitable, and, from the date thereof, such building may be inhabited.
27. (1) Every person who fails to obey an order to comply with the requisitions of the Council or of any Health Officer or of any select committee of the Council, and who fails to satisfy the magistrate that he has used all due diligence to carry out such order, shall be liable to a fine not exceeding ten dollars per day during his default; and every person who knowingly and wilfully acts contrary to an order of prohibition shall be liable to a fine not exceeding twenty-five dollars per day so long as such action continues; moreover, the Council may, by any officer, enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution the of such order, and recover, in a summary manner, expenses incurred by them from the person on whom the order is made.