Power to order demolition of insanitary buildings

§393

Summary

. (1) If it shall appear to the 1Municipal Commissioner that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof a notice stating the date, not being less than twentyone days after the service of the notice, and place at which the condition of the building and any offer with respect to the carrying out of works or the future use of the building will be considered by the Executive Committee, and every person upon whom such notice is served shall be entitled to be heard when the matter is so taken into consideration. \br@s (2) A person upon whom notice is served under sub-section (1) shall, if he intends to submit an offer with respect to the carrying out of works, within twenty-one days from the date of the service of the notice upon him serve upon the 1Municipal Commissioner notice in writing of his intention to make the offer and shall, within such reasonable period as the 1Municipal Commissioner may allow submit to him a list of the works which he offers to carry out. \br@s (3) The 1Municipal Commissioner may, with the previous approval of the Executive Committee, accept from any owner or any other person interested, an undertaking either that he will within a specified period carry out such works as will in the opinion of the 1Municipal Commissioner render the building fit for human habitation, or that it shall not be used for human habitation until the 1Municipal Commissioner on being satisfied that it has been rendered fit for that purpose and with the previous approval of the Executive Committee cancels the undertaking. \br@s (4) If no such undertaking as is mentioned in sub-section (3) is accepted by the 1Municipal Commissioner or if, in a case where the 1Municipal Commissioner has accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the 1Municipal Commissioner may, with the previous approval of the Executive Committee make a demolition order requiring that the building shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall within such further period be demolished as the 1Municipal Commissioner deems reasonable and shall serve a copy of the order upon every person upon whom the notice under sub-section (1) was served.\br@s (5) Where it appears to the 1Municipal Commissioner that immediate action is necessary for the purpose of preventing imminent danger to any person or property or a building of the nature specified in sub-section (1) and that the object of taking action under this section would be defeated by the delay in giving notice under that subsection, he may with the previous approval of the Executive Committee make an order for demolition in the manner, as far as may be, provided in sub-section (4) but with the minimum period for compliance with the order reduced to seven days. \br@s

. (1) If it shall appear to the 1Municipal Commissioner that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof a notice stating the date, not being less than twentyone days after the service of the notice, and place at which the condition of the building and any offer with respect to the carrying out of works or the future use of the building will be considered by the Executive Committee, and every person upon whom such notice is served shall be entitled to be heard when the matter is so taken into consideration. \br@s (2) A person upon whom notice is served under sub-section (1) shall, if he intends to submit an offer with respect to the carrying out of works, within twenty-one days from the date of the service of the notice upon him serve upon the 1Municipal Commissioner notice in writing of his intention to make the offer and shall, within such reasonable period as the 1Municipal Commissioner may allow submit to him a list of the works which he offers to carry out. \br@s (3) The 1Municipal Commissioner may, with the previous approval of the Executive Committee, accept from any owner or any other person interested, an undertaking either that he will within a specified period carry out such works as will in the opinion of the 1Municipal Commissioner render the building fit for human habitation, or that it shall not be used for human habitation until the 1Municipal Commissioner on being satisfied that it has been rendered fit for that purpose and with the previous approval of the Executive Committee cancels the undertaking. \br@s (4) If no such undertaking as is mentioned in sub-section (3) is accepted by the 1Municipal Commissioner or if, in a case where the 1Municipal Commissioner has accepted such an undertaking, any work to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the 1Municipal Commissioner may, with the previous approval of the Executive Committee make a demolition order requiring that the building shall be vacated within a period to be specified in the order, not being less than twenty-eight days from the date on which the order becomes operative, and that it shall within such further period be demolished as the 1Municipal Commissioner deems reasonable and shall serve a copy of the order upon every person upon whom the notice under sub-section (1) was served.\br@s (5) Where it appears to the 1Municipal Commissioner that immediate action is necessary for the purpose of preventing imminent danger to any person or property or a building of the nature specified in sub-section (1) and that the object of taking action under this section would be defeated by the delay in giving notice under that subsection, he may with the previous approval of the Executive Committee make an order for demolition in the manner, as far as may be, provided in sub-section (4) but with the minimum period for compliance with the order reduced to seven days. \br@s

← Previous Section Next Section →

Explore this Chapter