Section 89: Eyesores

89. Eyesores (1) An authorised officer may serve an eyesore abatement notice on the owner or occupier of any land, building or structure on which any eyesore specified in the Eleventh Schedule is detected. (2) An eyesore abatement notice shall be in the form set out in the Twelfth Schedule and may be served on the owner or occupier of the land, building or structure, be personal service or by registered post with a request for an accusé dé réception. (3) (a) Any person to whom an eyesore abatement notice is served shall abate the violation mentioned in it within the period specified in the notice, which shall not be less than 2 days nor more than 30 days from the day the notice is served or, in the case of service by post, is deemed to have been received by the person. (b) Any person who fails to comply with the notice shall commit an offence. (4) Where the name or address of the owner or occupier of any land, building or structure on which an eyesore is detected cannot be ascertained, the Director may authorise in writing the relevant enforcing agency or an authorised officer to enter the land, building or structure and cause the eyesore to be removed and the expenses incurred may be disbursed from the Fund. (5) Where the name or address of the owner or occupier of any land, building or structure from which an eyesore has been removed under subsection (4) is later ascertained, the amount disbursed in the removal of the eyesore may, within a period of 10 years of the removal, be recovered by the Director from the said owner or occupier and any amount so recovered, including interest and costs, shall be credited to the Fund. [S. 89 repealed and replaced by s. 31 of Act 6 of 2008 w.e.f. 15 July 2008.] PART XII – APPLICATION OF ACT TO RODRIGUES (Part XII came into operation on 18 November 2002.)