Local Government (Sanitary Services) Act, 1964
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Powers of sanitary authorities in relation to dangerous places. |
2.—(1) A sanitary authority may, if they so think fit, as respects any dangerous place situate in their sanitary district— | |
(a) carry out, by their servants or agents, such works as will, in the opinion of the authority, prevent the place from being a dangerous place, or | ||
(b) at the request of the owner (which word means, in this section and in sections 3 , 7 to 10 and 18 of this Act, any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of the land in relation to which the word is used or any term of years for the time being subsisting in respect of the land of which the unexpired residue exceeds one year) who occupies or is entitled to occupy the place or from whom it is held by a person who is not the owner, either— | ||
(i) carry out, by their servants or agents, the works aforesaid, and require such owner to make a payment towards the cost of the works of such amount as the authority may consider proper, or | ||
(ii) contribute such amount as the authority may consider proper towards the cost of the carrying out of the works aforesaid by such owner, | ||
and for such purposes may, by their servants or agents, enter on any land. | ||
(2) Before proceeding under this section in relation to a place, a sanitary authority shall give a notice to the owner aforesaid of the place stating that the place is a dangerous place and that the authority intend to proceed under this section in relation thereto, specifying the works that, in the opinion of the authority, require to be carried out in relation to the place to prevent it from being a dangerous place and giving an estimate of the cost of such works. | ||
(3) Whenever a sanitary authority give a notice under this section to any person, the authority shall, within seven days after giving the notice to the person, post a copy of the notice at or near the place to which it relates. | ||
(4) Where a sanitary authority give a notice under this section in relation to any place— | ||
(a) in case the notice is annulled by the District Court, under section 5 of this Act, the authority shall not proceed under this section in relation to the place, | ||
(b) in case of any other determination of an application to the District Court under section 5 of this Act in relation to the notice, the sanitary authority shall not proceed under this section in relation to the place until the expiration of fourteen days, or such period as may be specified by the Court after the date of the determination, and | ||
(c) in any other case, the authority shall not proceed under this section in relation to the place until the expiration of twenty-one days after the date of the giving of the notice. | ||
(5) Subject to subsection (7) of this section, a sanitary authority may claim from the owner aforesaid of a place in respect of which they have carried out works pursuant to subparagraph (i) of paragraph (b) of subsection (1) of this section by demand in writing given to such owner, payment of such amount as may be determined by them under that subparagraph. | ||
(6) Subject to subsection (7) of this section, where a demand is given to a person pursuant to subsection (5) of this section, the amount claimed in the demand together with interest, at the rate of five per cent per annum, from the date when the demand is given until payment shall, without prejudice to any other method of recovery, be recoverable by the sanitary authority from the person to whom it is given as a simple contract debt in any court of competent jurisdiction. | ||
(7) Where the amount claimed in a demand given pursuant to subsection (5) of this section exceeds the amount of the estimate of the cost of the works to which the demand relates contained in a notice given under this section, the amount of the excess shall not be recoverable by the sanitary authority under this section. |