A.D. 1901.]
PUBLIC HEALTH.
[No. 10.
885
construction of any structural convenience, or where there is no occupier of the premises, such notice shall be served on the owner; and
(2.) that where the person causing the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, the Board may itself abate the same.
notice
27.-(1.) It shall be lawful for the Board, in any case where there is a contravention of any of the requirements of any of the by-laws made under this Ordinance, to issue a notice to the offender, stating what is required to be done to carry out the provisions of such by-laws, and to call upon him to comply with such notice within a reasonable time to be stated in such notice.
(2.) The Medical Officer of Health, the Secretary, or such other officer as the Board may depute may, however, institute summary proceedings before a Magistrate against any person contravening any of the aforesaid by-laws without the previous issue of such notice by the Board, and, on conviction for a contravention of any such by-law, the Magistrate 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.
with by-law, and taking of proceedings without notice.
notice under s. 26 or s. 27
28. If any person served with a notice under section 26 or section 27 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 notice or extend the time allowed for compliance therewith.
complaint for non-compliance with notice.
29. If any person served with a notice under section 26 or section 27 has not obtained from the Board a modification or withdrawal of the notice, and continues to make default in complying with the requirements of the 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 notice or to such nuisance to be made before a Magistrate; and the Magistrate shall thereupon issue a summons requiring the person on whom the notice was served to appear before him.
30. (1.) 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
Magistrate to Power to dealing with make order nuisance.
A.D. 1901.]
PUBLIC HEALTH.
[No. 10.
885
construction of any structural convenience, or where there is no occupier of the premises, such notice shall be served on the owner; and
(2.) that where the person causing the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default, or sufferance of the owner or occupier of the premises, the Board may itself abate the same.
notice
27.-(1.) It shall be lawful for the Board, in any case where there is Service of a contravention of any of the requirements of any of the by-laws made directing under this Ordinance, to issue a notice to the offender, stating what is compliance required to be done to carry out the provisions of such by-laws, and to call
upon him to comply with such notice within a reasonable time to be stated in such notice.
(2.) The Medical Officer of Health, the Secretary, or such other officer as the Board may depute may, however, institute summary proceedings before a Magistrate against any person contravening any of the afore- said by-laws without the previous issue of such notice by the Board, and, on conviction for a contravention of any such by-law, the Magistrate 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.
with by-law, and taking
of proceedings without
notice.
notice under
8. 26 or s. 27
28. If any person served with a notice under section 26 or section 27 Review of 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 notice or extend the time allowed for compliance therewith.
complaint for
non-com-
notice.
pliance with
29. If any person served with a notice under section 26 or section 27 Making of has not obtained from the Board a modification or withdrawal of the notice, and continues to make default in complying with the require- ments of the 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 notice or to such nuisance to be made before a Magistrate; and the Magistrate shall thereupon issue a summons requiring the person on whom the notice was served to appear before him.
30. (1.) 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
Magistrate to Power to
dealing with
make order
nuisance.
No comments yet.
Private notes are available after approval.