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Power to compel paving, &c. of private streets.
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28. Where any street within any urban district (not being for such purposes in charge of the sanitary authority, or of any grand jury, or other public body), or the carriageway, footway, or any other part of such street is not sewered [1
levelled] metalled paved flagged channelled and made good, or is not lighted to the satisfaction of the urban authority, such authority may by notice addressed to the respective owners or occupiers of the premises fronting, adjoining, or abutting on such parts thereof as may require to be sewered levelled paved metalled flagged or channelled, or to be lighted, require them to sewer level pave metal flag channel or make good, or to provide proper means for lighting the same within a time to be specified in such notice.
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Before giving such notice the urban authority shall cause plans and sections of any structural works intended to be executed under this section, and an estimate of the probable cost thereof, to be made under the direction of their surveyor or other duly appointed officer, such plans and sections to be on a scale of not less than one inch for eighty-eight feet for a horizontal plan, and on a scale of not less than one inch for ten feet for a vertical section, and in case of a sewer showing the depth of such sewer below the surface of the ground; such plans, sections, and estimate shall be deposited in the office of the urban authority, and shall be open at all reasonable hours for the inspection of all persons interested therein during the time specified in such notice, and a reference to such plans and sections in such notice shall be sufficient without requiring any copy of such plans and sections to be annexed to such notice.
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If such notice is not complied with, the urban authority may, if they think fit, execute the works mentioned or referred to therein, and may recover in a summary manner the expenses incurred by them in so doing from the owners in default, according to the frontage of their respective premises, and in such proportion as is settled by the surveyor of the urban authority, or (in case of dispute) by arbitration in manner provided by this Act, or the urban authority may by order declare the expenses so incurred to be private improvement expenses.
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The same proceedings may be taken and the same powers may be exercised in respect of any such street or road of which a part is or may be a public footpath, under charge of the sanitary authority, or grand jury, or other public body, as fully as if the whole of such street or road was a highway not in charge of the sanitary authority, or grand jury, or other public body.
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