Complaint concerning nuisances

§496

Summary

(1) Any person who resides in the city may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by sections 231, 232, 249, 250, 251, 310 or 385 more than the least practicable nuisance has been created.\br@s (2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit, direct the 1Municipal Commissioner —\br@s (a) to put in force any of the provisions of this Act or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;\br@s (b) to pay to the complainant such reasonable costs of and relating to the said compliant and order as the said Magistrate shall determine, inclusive of compensation for the complainant’s loss of time in prosecuting such complaint.\br@s (3) Subject to the provisions of section 497 it shall be incumbent on the 1Municipal Commissioner to obey every such order.\br@s (4) Nothing in this Act contained shall in refer with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 231, 232, 249, 250, 251, 310 or 385 to recover the damages for the same.\br@s

(1) Any person who resides in the city may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by sections 231, 232, 249, 250, 251, 310 or 385 more than the least practicable nuisance has been created.\br@s (2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit, direct the 1Municipal Commissioner —\br@s (a) to put in force any of the provisions of this Act or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;\br@s (b) to pay to the complainant such reasonable costs of and relating to the said compliant and order as the said Magistrate shall determine, inclusive of compensation for the complainant’s loss of time in prosecuting such complaint.\br@s (3) Subject to the provisions of section 497 it shall be incumbent on the 1Municipal Commissioner to obey every such order.\br@s (4) Nothing in this Act contained shall in refer with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 231, 232, 249, 250, 251, 310 or 385 to recover the damages for the same.\br@s

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