12
CAP. 95]
Fire Services
[1986 Ed.
(b) in the case of a fire hazard order which is or includes a prohibition order or requires structural works or a closing order, if the appeal is dismissed or abandoned, then, notwithstanding paragraph (a), the appellant shall be liable to a fine of $5,000 for each day, during which the order was not complied with, after the expiry of the time that would have been permitted for compliance with the requirements of the order if there had been no appeal against the order, until the day immediately preceding the day of the dismissal or abandonment of the appeal, unless he satisfies the court hearing the appeal in the case of an appeal which is dismissed, or the court before which proceedings are taken for the recovery of the fine in the case of an appeal which was abandoned, that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay; and in the case of an appeal which is dismissed, the fine (if any) imposed under this paragraph shall be imposed by the court hearing the appeal, and in the case of an appeal which was abandoned the maximum fine of $5,000 for each day aforesaid shall, for the purpose of proceedings for the recovery thereof, be deemed to have been imposed by the court before which such proceedings are taken but so, however, that the court may reduce or cancel the amount of the fine if it sees fit; (Amended, 54 of 1986, s. 3)
(c) in the event of an appeal against a fire hazard order which requires the execution of structural work, no work, save as hereinafter mentioned, shall be done pursuant to subsection (9)(b) under the order until after the determination or abandonment of the appeal:
Provided that, if the court by which the order was made is of opinion that the nature of the fire hazard is such as to require immediate abatement, the court may, notwithstanding that the appeal is pending, authorize the Director immediately to abate the hazard, so, however, that-
(1) if the appeal is allowed, the Director shall pay to the person against whom the order was made the amount of any damage sustained by him by reason of the abatement of the hazard by the Director; and
(ii) if the appeal is dismissed or abandoned the Director may recover from such person the expenses incurred by him in abating the hazard.
(11) (a) Any property removed by the Director in abating, or doing what is necessary to prevent the recurrence of, a fire hazard may be sold by public auction, or, if the Director thinks the circumstances of the case require it, may otherwise be sold, or may be disposed of without sale.