2186 ORDINANCE No. 24 OF 1887.
Public Health.
Sanitary 19. It shall be lawful for the Board, in any case where there is a
Board to serve
notice direct contravention of any of the requirements of any of the bye-laws, made
ing compli
ance with under section 13, to issue a notice to the offender, stating what is required
bye-laws.
to be done to carry out the provisions of such bye-laws ; and to call upon
[See Ord. No.
26 of1890, him to comply with such notice within a reasonable time to be stated in
*. 2.] •
the said notice.
Board may
review notice . 20. If the person served with notice, under section 18 or 19 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.
On non-com 21. If the person on whom a notice has been served in pursuance
pliance with
notice com of section 18 or 19 , has not obtained from the Board a modification or
plaint to be
made to Ma withdrawal of the notice, and continues to make default in complying
gistrate.
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 .
Power of Ma 22. If the Magistrate is satisfied that the requirement of the Board
gistrate to
make order is legal, or that the alleged nuisance exists , or that , although the said
dealing with
nuisance. nuisance is abated , it is likely to recur on the same premises , the Magis
[Ibid, sec.
96.] trate 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 neces
sary for that purpose ; or an order prohibiting the recurrence of the
nuisance, and directing the execution of the works necessary to prevent
the recurrence ; or an order both requiring abatement and prohibiting
the recurrence of the nuisance .
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 payment of all costs incurred up to the time
of the hearing or making the order for obeying the requirements of the
bye-law, for abatement or prohibition of the nuisance, as the case may be.