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Order prohibiting
use, etc..
of building unfit for human habitation
Penalty for
order of
Magistrate or for defacing
any copy of such order.
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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.
28. Where the nuisance proved to exist is such as to render any building, in the judgment of the magistrate unfit for human 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 properly 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.
29.-(1) Every person who fails to obey an order to contravening comply with the requisitions of the Urban 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 of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.
Competent authority
Te nuisances.
(2) Every person who defaces any copy of a magistrate's order, which has been affixed to any building or premises, shall be liable to a fine not exceeding fifty dollars.
30.—(1) The competent authority to deal with nuisances under this Ordinance shall be, unless the context otherwise re- quires, the Chairman of the Council or any officer deputed by him in that behalf.
(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent au thority as hereinbefore defined, such authority shall serve a notice on the author of the nuisance or if such person cannot be found, on the owner of the building or works in respect of which complaint is made, and such notice shall specify the nature of the nuisance and the manner and the time within which it is to be abated, and in the case of refusal or neglect to comply with the requirements of such notice such authority shall summon such person or owner before a magistrate, who either in addition to inflicting or without inflicting a penalty under any section of this Ordinance, may make an order directing such person or owner to abate such nuisance within a time to be fixed by such magistrate: Provided that nothing in this section contained shall prevent a conviction, under this Ordinance without service of such notice, in any case in which, in the opinion of the magistrate, service of such notice ought not reasonably to have been required.
(3) In case the said nuisance shall not be abated within the time limited, it shall be lawful for a magistrate to make an order empowering the competent authority to abate the
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nuisance; and all expenses incurred by such authority in causing such nuisance to be abated as aforesaid, shall forth- with be paid by the person against whom the original order to abate such nuisance was made, or failing him by the owner, without prejudice to any right of such person or owner to recover the amount of such expenses from any lessee or other person liable for the asme.
(4) Whenever the demolition of any building or works or any part thereof shall take place under any order made under sub-section (3) it shall be lawful for the competent authority.
in case of non-payment of the said expenses by the person liable to pay the same to sell and dispose of the materials thereof, without prejudice to any other remedy, and, out of the moneys arising from such sale or disposition, to retain or pay the said expenses; and the surplus, if any, shall be paid to the owner.
(5) In case the person liable to pay the same shall not forthwith expenses incurred by the competent authority
pay all in the abating of any nuisance as required by this Ordinance, it shall be lawful for a magistrate, by warrant, to cause the same to be levied by distress and sale of the goods and chattels of such person,
(6) Nothing in this Ordinance contained shall affect any other remedy for the abatement of nuisances.
(7) Notices issued by the Urban Council relating to a Form of nuisance shall be in the form in the Schedule with such modi- nuisance fications as may be necessary.
notice. Schedule.
notices.
31. Any such notice or order may be served by Manner of delivering the same to or at the residence of the person to serving of 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 served, by affixing the same to some conspicuous part of the premises.
Wells and Pools.
to be sunk
32. (1) It shall not be lawful to sink or re-open any Wells not well, or to permit any well to be sunk or re-opened, without or reopened the permission of the Urban Council, who may grant the without same on a written application, provided there be no structural, the Council. sanitary, or other objection.
permission of
(2) Every well shall be so constructed as to exclude Construction surface water as far as possible, and due provision shall be of wells. made for the conveyance of the drip or waste to the nearest drain inlet or other channel into which it may be lawfully discharged.
stagnant
33. No premises shall be so excavated as to admit of the Excavation formation on the surface thereof, of pools of stagnant or other allowing foul waters, and it shall be lawful for the Council to call upon water. the owner of any premises whereon such pools may exist to fill up the same with good clean earth to the level of the sur- rounding ground, or to drain off such pools by means of surface-drains into any channel with which they may lawfully
communicate.
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