215
Notice to abate build-
36
Abatement of nuisances.
132. (1) The competent authority to deal with nuisances under this Ordinance shall be, unless the ing nuisance. context otherwise requires, the Building Authority,
or any officer deputed by him in that behalf.
Schedule H.
Magistrate's order
abatement
of nuisance.
(2) Whenever the existence of a nuisance under this Ordinance is brought to the attention of the competent authority as hereinbefore defined, such authority may at his discretion serve a notice in the form contained in Schedule H (with such modifications, if any, as may be necessary) 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 Ordin- ance, 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,
133. În case the said nuisance shall not be abated within the time limited, it shall be lawful for a empowering niagistrate to make an order empowering the Building Authority to abate the nuisance; and all expenses in- curred by such Authority in causing such nuisance to be abated as aforesaid, shall forthwith 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 same.
Recovery of expenses of
abatement of nuisance by sale of materials.
Distress in
case of non- payment of expenses.
Saving of
other remedies for nuisances.
Method of service of notice summons or order.
134. Whenever the demolition of any building or works or any part thereof shall take place under any order made under section 133, it shall be lawful for the Building Authority, in case of non-payment of the said expenses by the person liable to pay the same 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,
135. In case the person liable to pay the same shall not forthwith pay all expenses incurred by the Building Authority 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.
136. Nothing in this Ordinance contained shall affect nuisances.
any other remedy for the abatement of
Service of notice, summons, or order.
137. Any notice summons, or order given, issued or made under the provisions of this Ordinance, may be served upon the person affected by the document to be served, either personally or by leaving the same with any occupier of the premises to which such document relates, or by leaving the same with some adult inmate at the usual or last-known place of