Municipal notices

Recovery of expenses of removal by Municipality under sections 211, 263, 264, 265, and 278

§312

Summary

312. (1) The expenses incurred by the Municipality in effecting any removal under section 263 or 265 or, in the event of a written notice issued under sections 211, 263, 264 or 278 not being complied with under section 307, shall be recoverable by sale of the materials removed; and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials in the manner provided by Chapter VI. (2) If the expenses of removal are in any case paid before the materials are sold, the Municipality shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of and on his paying all other expenses, if any, incurred by the Municipality in respect thereof, or in respect of the intended sale or disposal thereof. (3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Municipality thinks fit, as soon as conveniently may be after one month, from the date of their removal whether expenses of the removal have in the meantime been paid or not ; and the proceeds, if any, of the sale or other disposal shall, after defraying therefrom the costs of the sale or other disposal, and if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the Municipality.

312. (1) The expenses incurred by the Municipality in effecting any removal under section 263 or 265 or, in the event of a written notice issued under sections 211, 263, 264 or 278 not being complied with under section 307, shall be recoverable by sale of the materials removed; and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials in the manner provided by Chapter VI. (2) If the expenses of removal are in any case paid before the materials are sold, the Municipality shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of and on his paying all other expenses, if any, incurred by the Municipality in respect thereof, or in respect of the intended sale or disposal thereof. (3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Municipality thinks fit, as soon as conveniently may be after one month, from the date of their removal whether expenses of the removal have in the meantime been paid or not ; and the proceeds, if any, of the sale or other disposal shall, after defraying therefrom the costs of the sale or other disposal, and if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the Municipality.

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