Ord. 2441887
5.19
Sanitary
Beard may
directing
ORDINANCE No. 13 OF 1901.
Public Health.
Section 13
27.-(1.) It shall be lawful for the Board, in any case where there is a contravention of any of the requirements or bye-laws made under this Ordinance, to issue a notice to the offender, stating what is required to be done to carry out the provisions of such bye-laws, and to call upon him to comply with such notice within a reasonable time to be stated in the said notice.
compliance with bye-laws.
Proceedings
Ok. 69.15005. 2 without (verbally attend)
notice.
review
Ond. 24 of 1887s, 20 Board may (rescind consequential notice. alternative orf)
God Ivid S. 2 { / Wasay consequential
Ou nou-ro-
plaint to be
plice with notice coul allations of gistrate.
made to Ma.
Power of
Ited $.33 Magistrate
to make order dealing with
nuisance.
(2.) The medical officer of health, the secretary, or such other officer as the Board may depute, may, however, institute summary proceedings before a Magistrate against any person contravening any of the aforesaid bye-laws without the previous issue of such notice by the Board and upon conviction for a contravention of any such bye-law the Magistrate may impose a penalty not exceeding twenty-five dollars:
Provided that no such proceedings shall be instituted by any officer so deputed as aforesaid without the consent of the secretary of the Board.
28. If the person served with notice, under section 26 or 27, is dissatisfied with such notice, it shall be lawful for him, within the time therein specified, to apply to the Board to review the same, stating the grounds of his application, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance therewith.
29. If the person on whom a notice has been served in pursuance of section 26 or 27 has not obtained from the Board a modification or withdrawal of the notice, and continues to make default in complying with the requirements of such notice, or, in the case of a nuisance, if the same, although abated since the service of the notice, is, in the opinion of the Board, likely to recur on the same premises; the Board shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a Magistrate; and such Magistrate shall, thereupon, issue a summons, requiring the person on whom the notice was served to appear before him.
30.-(1.) If the Magistrate is satisfied that the requirement of the Board is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the same premises, the Magistrate shall make an order on such person, requiring him to comply with all, or any, of the requisitions 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 an order prohibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence;
ORDINANCE No. 13 of 1901.
Public Health.
or an order both requiring abatement and prohibiting the recurrence of the nuisance.
pay-
195
(2.) The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is made, and shall also give directions as to the amount of all costs incurred up to the time of the hearing making the order for obeying the requirements of the notice or for abatement or prohibition of the nuisance, as the case may be.
OF
(Wedy vytia cam"
substituted for bye-laws")
31. Where the nuisance proved to exist is such as to render any building, in the judgment of the Magistrate, unfit for human habitation, the Magistrate may by an order in writing prohibit the use thereof for that 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, on the Magistrate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another, declaring the building habitable, and, from the date thereof, such building may be inhabited or let for habitation.
32.-(1.) Any person not obeying an order to comply with the requisitions of the Board, and failing to satisfy the Magistrate that he has used all due diligence to carry out such order, shall be liable to a penalty not exceeding ten dollars per day, during his default; and any person knowingly and wilfully acting contrary to an order of prohibition, shall be liable to a penalty not exceeding twenty-five dollars per day, during such contrary action; moreover, the Board may by its officers enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.
(2) Any person defacing any copy of a Magistrate's order, which has been affixed to any house or building, shall be liable to a penalty not exceeding fifty dollars.
33. Notices issued by the Board relating to a nuisance shall be in the form contained in schedule D to this Ordinance, with such modifications, if any, as may be necessary.
34. Every such notice or order may be served by any officer or servant of the Board by delivering the same to or at the residence of the person to whom it is addressed, and when addressed to the owner of any premises it may, if such owner cannot be found, be served by delivering the same to some person upon such premises, or if there be no person upon such premises who can be so served, by affixing the same to some conspicuous part of the premises.
14
Ond. 24 of 1847s, 23 The words "underfund" ... (rest of the text is not clear due to OCR errors)
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