2186
Sanitary
Board to serve notice direct-
ing compliance with
bye-laws.
[See Ord. No.
26 of 1890, s.2.]
Board may review notice.
On non-compliance with notice com-
plaint to be made to Ma-
gistrate.
Power of Ma-
gistrate to make order
dealing with nuisance.
[Ibid, sec. 96.]
ORDINANCE No. 24 of 1887.
Public Health.
19. It shall be lawful for the Board, in any case where there is a contravention of any of the requirements of any of the bye-laws, made under section 13, to issue a notice to the offender, stating what is required 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.
20. If the person served with notice, under section 18 or 19 is dissatisfied with such notice, it shall be lawful for him, within the time therein specified, to apply to the Board to review the same, stating the grounds of his application, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance therewith.
21. If the person on whom a notice has been served in pursuance of section 18 or 19, has not obtained from the Board a modification or withdrawal of the notice, and continues 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 Board, likely to recur on the same premises, the Board shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a Magistrate; and such Magistrate shall, thereupon, issue a summons, requiring the person on whom the notice was served to appear before him.
22. If the Magistrate is satisfied that the requirement of the Board is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the same premises, the Magistrate shall make an order on such person, requiring him to comply with all, or any, of the requisitions 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 an order prohibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.
The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is 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 for obeying the requirements of the bye-law, for abatement or prohibition of the nuisance, as the case may be.
2186
Sanitary
Board to serve notice direct-
ing compli- ance with
bye-laws.
[See Ord. No,
26 of 1890, $.2.1
Board may review notice.
On non-com- pliance with notice com- plaint to be made to Ma- gistrate.
Power of Ma- gistrate to make order
dealing with nuisance.
[ Ibid, sec. 96.1
ORDINANCE No. 24 of 1887.
Public Health.
19. It shall be lawful for the Board, in any case where there is a contravention of any of the requirements of any of the bye-laws, made under section 13, to issue a notice to the offender, stating what is required 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.
20. If the person served with notice, under section 18 or 19 is dissatisfied with such notice, it shall be lawful for him, within the time therein specified, to apply to the Board to review the same, stating the grounds of his application, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance therewith.
21. If the person on whom a notice has been served in pursuance of section 18 or 19, has not obtained from the Board a modification or withdrawal of the notice, and continues 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 Board, likely to recur on the same premises, the Board shall cause a complaint relating to the non-compliance with the said notice, or to such nuisance, to be made before a Magistrate; and such. Magistrate shall, thereupon, issue a summons, requiring the person on whom the notice was served to appear before him.
22. If the Magistrate is satisfied that the requirement of the Board is legal, or that the alleged nuisance exists, or that, although the said nuisance is abated, it is likely to recur on the same premises, the Magis- trate shall make an order on such person, requiring him to comply with all, or any, of the requisitions of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works neces- sary for that purpose; or an order prohibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.
The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is 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 for obeying the requirements of the bye-law, for abatement or prohibition of the nuisance, as the case may be.
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