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discretion serve a notice in the form contained in Schedule Schedule N. N, (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 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.
order
of nuisance.
128. In case the said nuisance shall not be abated Magistrate's within the time limited, it shall be lawful for a magistrate empowering to make an order empowering the Building Authority to abatement abate the nuisance; and all expenses, incurred 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.
abatement of
materials.
129. Whenever the demolition of any building or Recovery of works or any part thereof shall take place under any order expenses of made under section 128, it shall be lawful for the Building nuisance by Authority, in case of non-payment of the said expenses by saltof 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.
case of non-
130. In case the person liable to pay the same shall Distress in not forthwith pay all expenses incurred by the Building payment of Authority in the abating of any nuisance as required by expenses. 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.
131. Nothing in this Ordinance shall affect any other Saving of remedy for the abatement of nuisances.
Service of notice, summons or order.
other remedies for nuisances.
notice.
order.
132. Any notice, summons or order given, issued or Method of made under the provisions of this Ordinance, may be served service of upon the person affected by the document to be served, summons or 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 business or residence of the person to be served, or, if there is no occupier of such premises. by
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