Section 29: Notice to remove nuisance
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).
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(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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Questions this section answers
- How much time must I be given to remove a nuisance after being served notice?