Removal of structures etc. which are in ruins or likely to fall

§331

Summary

(1) If it shall at any time appear to the 1Municipal Commissioner that any structure (including under this expression any building wall, parapet, pavement, floor steps, railing, door or window frames or shutters or roof, or other structure and anything affixed to or projecting from or resting on, any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighborhood thereof, the 1Municipal Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair, such structure or thing or do one or more of such things and to prevent all cause of danger therefrom.\br@s (2) The 1Municipal Commissioner may also, if he thinks fit, require the said owner or occupier by the said notice, either forthwith or before proceeding to pull down, secure, remove or repair the said structure or thing, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail, if there be room enough for the same and the 1Municipal Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.\br@s (3) If it appears to the 1Municipal Commissioner that the danger from a structure which is ruinous or about to fall is imminent he may, before giving notice as aforesaid or before the period of notice expires, fence off, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger. (4) Any expenses incurred by the 1Municipal Commissioner under sub-section (3) shall be paid by the owner or occupier of the structure.\br@s (5) (a) Where the 1Municipal Commissioner is of opinion whether on receipt of an application or otherwise that the only or the most convenient means by which the owner or occupier of a structure such as is referred to in sub-section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the 1Municipal Commissioner after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorize the said owner or occupier to enter such adjoining premises.\br@s (b) Every such order bearing the signature of the 1Municipal Commissioner shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work.\br@s (c) In executing any work under this section as little damage as can be, shall be done to the adjoining owner’s property, and the owner or occupier of premises for the benefit of which the work is done, shall—\br@s (i) cause the work to be executed with the least practicable delay ;\br@s (ii) pay compensation to any person who sustains damage by the execution of the said work.\br@s

(1) If it shall at any time appear to the 1Municipal Commissioner that any structure (including under this expression any building wall, parapet, pavement, floor steps, railing, door or window frames or shutters or roof, or other structure and anything affixed to or projecting from or resting on, any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighborhood thereof, the 1Municipal Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair, such structure or thing or do one or more of such things and to prevent all cause of danger therefrom.\br@s (2) The 1Municipal Commissioner may also, if he thinks fit, require the said owner or occupier by the said notice, either forthwith or before proceeding to pull down, secure, remove or repair the said structure or thing, to set up a proper and sufficient hoard or fence for the protection of passers-by and other persons, with a convenient platform and hand-rail, if there be room enough for the same and the 1Municipal Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.\br@s (3) If it appears to the 1Municipal Commissioner that the danger from a structure which is ruinous or about to fall is imminent he may, before giving notice as aforesaid or before the period of notice expires, fence off, take down, secure or repair the said structure or take such steps or cause such work to be executed as may be required to arrest the danger. (4) Any expenses incurred by the 1Municipal Commissioner under sub-section (3) shall be paid by the owner or occupier of the structure.\br@s (5) (a) Where the 1Municipal Commissioner is of opinion whether on receipt of an application or otherwise that the only or the most convenient means by which the owner or occupier of a structure such as is referred to in sub-section (1) can pull down, secure, remove or repair such structure, is by entering any of the adjoining premises belonging to some other person the 1Municipal Commissioner after giving such person a reasonable opportunity of stating any objection may, if no such objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorize the said owner or occupier to enter such adjoining premises.\br@s (b) Every such order bearing the signature of the 1Municipal Commissioner shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work.\br@s (c) In executing any work under this section as little damage as can be, shall be done to the adjoining owner’s property, and the owner or occupier of premises for the benefit of which the work is done, shall—\br@s (i) cause the work to be executed with the least practicable delay ;\br@s (ii) pay compensation to any person who sustains damage by the execution of the said work.\br@s

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