Local Government (Sanitary Services) Act, 1962

• Permanent Page URL

Requirement to connect with public sewerage or water supply system.

8.—(1) Where—

(a) a sanitary authority have provided a public sewerage system, and

(b) in the opinion of the authority, any premises in the district of the authority are—

(i) not drained in a satisfactory manner, and

(ii) capable of being served by the sewerage system by means of a connection not exceeding one hundred feet in length,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of specified works for the purpose of securing the service of the premises by the public sewerage system.

(2) Where—

(a) a sanitary authority have provided a public water supply system, and

(b) in the opinion of the authority, any premises in the district of the authority are—

(i) not provided with a satisfactory supply of water, and

(ii) capable of being served by the public water supply system by means of a connection not exceeding one hundred feet in length,

the authority may serve on the owner of the premises a notice requiring the execution within a specified period of specified works for the purpose of securing the service of the premises by the public water supply system.

(3) A notice under this section shall specify separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the sanitary authority.

(4) The person on whom a notice under this section has been served may, within one month from the date of the service of the notice on him, appeal therefrom to the District Court.

(5) Notice of appeal under this section shall be given to the sanitary authority, and that authority shall be entitled to appear and be heard on the hearing of the appeal.

(6) On the hearing of an appeal under this section, the District Court may, as it thinks proper, either—

(a) confirm the notice unconditionally,

(b) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or

(c) annul the notice.

(7) No appeal shall lie from a decision of the District Court on an appeal under this section.

(8) A notice under this section (other than a notice which is annulled) shall take effect—

(a) in case no appeal is taken or an appeal is taken and is withdrawn within one month from the service of the notice, on the expiration of one month from the service of the notice,

(b) in case an appeal is taken and is not so withdrawn, when the appeal is withdrawn or determined.

(9) (a) Subject to the provisions of this subsection, where a notice under this section (other than a notice which has been annulled) has been served on the person who was, when the notice was served on him, the owner of the premises to which the notice relates and within the period specified in the notice, or within such extended period as the sanitary authority may allow, the works required by the notice have not been begun or, if begun, have not been completed, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

(b) If a person against whom proceedings are brought under this subsection has at some time before the end of the said period specified in the notice for compliance therewith (or of such extended period as the sanitary authority may allow for such compliance) ceased to be the owner of the premises, he shall, upon complaint duly made by him and on giving to the prosecution not less than three clear days' notice of his intention, be entitled to have the person who then became the owner of the premises brought before the Court in the proceedings.

(c) If, after it has been proved that the works required by the notice have not been begun or completed as aforesaid, the original defendant proves that the failure was attributable in whole or in part to the default of the said other person, that other person may be convicted of the offence and, if the original defendant further proves that he took all reasonable steps to secure compliance with the notice, he shall be acquitted of the offence.

(d) If, after a person is convicted under this subsection he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding two pounds for each day following his first conviction on which any of the requirements of the notice remain unfulfilled.

(e) In paragraphs (a) and (c) of this subsection, the reference to the works required by the notice shall, in a case in which the relevant notice specifies separately any portion of the works required thereby which is to be executed under subsection (11) of this section by the sanitary authority, be construed as referring to so much of the works required by that notice as is not so specified.

(f) For the purposes of this subsection, a person who, apart from this paragraph, would be the owner of premises by reason of receiving rent shall, if he receives the rent as agent for another person, be regarded as not being such owner.

(10) If, on a complaint made by the owner of any premises, it appears to the District Court that a person having an interest in the premises, other than the owner of the premises, prevents the owner from executing works required to be executed by a notice under this section, the Court may order the person to permit the execution of those works, and, if the person contravenes such order, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds and, if the contravention is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding two pounds for each day on which the contravention is continued.

(11) (a) Where a notice under this section requires the execution of works which include the laying of a pipe passing through land of which the owner is not the owner of the premises to which the notice relates, the sanitary authority who served the notice shall themselves lay so much of the pipe as lies within that land.

(b) For the purpose of laying under this subsection a pipe, a sanitary authority shall have the powers mentioned in section 18 of the Public Health (Ireland) Act, 1878 , as if the pipe were a sewer and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under that section.