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Section 29: Notice to remove nuisance

Public Health Act · PART II: SANITATION

consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

29. Notice to remove nuisance (1) Where the Sanitary Authority is satisfied of the existence of a nuisance, he shall serve a notice in the form set out in the Second Schedule— (a) on the author of the nuisance; (b) where the author of the nuisance cannot be found, on the occupier or owner of the premises on which the nuisance arises or continues, requiring him to remove it within the period specified in the notice, not being less than 48 hours nor more than one month from the time of service of the notice, unless cause is shown to the Sanitary Authority for prolonging the period and to execute the work and do such things as may be necessary for that purpose. (2) The Sanitary Authority may, if it thinks fit, specify any work to be executed to prevent a recurrence of the nuisance under subsection (1). P49 – 13 [Issue 1] Public Health Act (3) Where the nuisance arises from the want or defective construction of any structure or where there is no occupier of the premises, the notice shall be served on the owner. (4) Where the author of the nuisance cannot be found and the Sanitary Authority is satisfied that the nuisance does not arise or continue by the act, default or sufferance of the occupier or owner of the premises, the Sanitary Authority may abate the nuisance or do what is necessary to prevent its recurrence. [S. 29 amended by Act 4 of 1989.]

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