CO129-306 - Governor Sir Blake - 1901 [8-9] — Page 197

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 serve notice of any of the bye-laws made under this Onlineg, to issuu a notice to the offender, stating what is requircil 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 allend)

notice.

review

Ond. 24 of 1887s, 20 Board may (wessay consequensal native. alliative orf)

God Ivid S. 2 { / Wasay congrential

Ou nou-ro-

plaint to be

plice with notice coul allations of gistrate.

made to Ma.

Power of

Ited $.33 Magistrate

to make order deal-

ing with

nuisance.

(2.) The medical officer of health, the secretary, or suel other officer as the Board may depute, may, however, institute summary proceedings before a Magistrate against any person contravening any of the aforesaid hye-laws without the previous issue of such notice by the Board nud upon conviction for a contravention of any such hye-law the Magistrato 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 för in, within the time therein specified, to apply to the Board to review the same, stating the grounds of his appli- ention, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the sail 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 eon- tiunes 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 Boan!, likely to recur on the same premises; the Board shall cause a complaint relating to the non-compli- auce with the said notice, or to such unisance, to be maile before a Mugistrate; and such Magistrate shall, thereupon, issuo a sunumous, requiring the person on whom the voties was served to appear before him.

30.-(1.) If the Magistrate is satisfied that the requires ment of the Board is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recar on the same premises, the Magistrate shall make an order on such person, requiring him to comply with all, or nny, of the requisitions of the notice, or otherwise to ubate the nuisance, within a time specified in the order, and to do any works necessary for that purpose: or an order pro- hibiting the resurrence of the nuisance, and directing thu excention of the worke 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 Penalty.. $.?? uoi exceeding twenty-five dollars, on the person on whom the onter is made, and shall also give directious as to the ount of all costs incurred up to the time of the hearing making the order for obeying the requirements of the notice a for abatement or prohibition of the nuisance, as the ease may be.

OF

(Wedy vytia cam"

substitutid for byen laws")

31. Where the nuisance proved to exist is such as to Order of pro- render any building, in the judgment of the Magistrate, hibition of unfit for human habitation, the Magistrate may by an order se... of in writing probibit the use thereof for that purpose, until, unfit for building in The judgment, it has been rendered it for that purpose, laman rick may direct that a copy of such order be affixed to the habitation. building in question; and, on the Magistrate being satisfied that it has heen rendered it for that purpose, he may determine his previous order by another, declaring the building habitable, and, from the date thereof, such building may be inbabited or let for habitation.

32.-(1.) Any person not obeying an order to comply Penalty for with the requisitions of the Board, and falling to satisfy the contraven- Magistrate that he has used all due diligence to carry out tion of order such order, shall be able to a penalty not exceeding ten

of Magis. dollars per day, during his default; and any person know defacing any trate, and for ingly and wilfully acting contrary to an order of prohibi- copy of ton, shall be liable to a penalty not exceeding twenty-five such order. 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, a summary tunner, the expenses incurred by them from the person on whom the order is made.

(2) Any person defacing any copy of a Magistrate's unler, which has hoes aflixʊt to any house or building, shall be Table to a penalty not exceeding fifty dollars.

33. Notices issued by the Board relating to a nuisance Fora of shall be in the form contained in schedule D to this Onli~ notices.

auce, with such modifications, if any, as may be necessary,

34. Every such notice or order may be served by any Manner of officer or servant of the Board by delivering the same to or serving the residence of the person to whom it is addressed, and notices. 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 affix ing the same to some conspicuous part of the premises.

14

Ond. 24 of 18475, 23 The words underfund Othurian the pration is omf

alted

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And. Ihid. 5. 24..

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сделат

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