13
(2) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default, or sufference of the owner, or occupier, of the premises, the Council may abate the same.
(3) where the nuisance arises in or on any lane, yard, passage, landing, stairway, roof, latrine, urinal, water closet, or other place, which is used in common by two or more occupiers of any premises which are occupied as dwellings, offices, workshops, factories, or stores, notice under this section may be served on the owner.
any
Council
may
serve notice
24. (1) It shall be lawful for the Urban Council in Urban case where there is a contravention of any by-law, to issue a notice to the offender stating what is required to be done to directing carry out the provisions of such by-law, and to call upon him compliance to comply with such notice within a reasonable time to be stated in the said notice.
(2) The Secretary, any Health Officer or such other officer as the Council may depute, may, however, institute summary proceedings before a magistrate against any person contravening any by-law without the previous issue of such notice by the Council and the magistrate may impose a fine not exceeding fifty dollars.
with by-laws.
25. If the person served with notice under section 23 or Urban
Council may 24 is dissatisfied therewith, it shall be lawful for him, within review the time therein specified, to apply to the Urban Council to notice. review the same, stating the grounds of his application, and the Council shall thereupon inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance therewith.
be made
26.If such person has not obtained from the Urban On non- Council a modification or withdrawal of the notice, and con- with notice compliance
tinues to make default in complying with the requirements complaint to thereof, or, in the case of a nuisance, if the same, although before a abated since the service of the notice, is in the opinion of the Magistrate. 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.
order
an
27. (1) If the magistrate is satisfied that the requirement Power of of the Urban Council is legal, or that the alleged nuisance magistrate to 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 requisi- tions 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
dealing with a nuisance.
237