Section 32: Failure to abate nuisance

32. Failure to abate nuisance (1) Where a person on whom notice under section 29 has been served, fails to comply with the notice, he shall commit an offence and shall, on conviction, be liable to a fine of not less than 1,000 rupees. (2) Where the Sanitary Authority is not satisfied that the nuisance has abated, the Court may further order the author to abate the nuisance to the satisfaction of the Sanitary Authority within a prescribed delay. (3) In case the nuisance still persists after order from the Court— (a) the author of the nuisance shall commit an offence and shall, on conviction, be liable to a fine which shall not be less than 1,000 rupees nor more than 10,000 rupees; (b) the Court may further order him to abate the nuisance to the satisfaction of the Sanitary Authority within a prescribed delay; and (c) a task force may be set up by the Sanitary Authority to abate the nuisance. (4) In the execution of an order made under subsection (3) (b), the Sanitary Authority may— (a) be assisted by the Police; (b) forcibly enter any premises in respect of which the order has been issued; and (c) do whatever may be necessary to give effect to the order. (5) All the expenses incurred in abating a nuisance under subsection (3) shall be recoverable from the author of the nuisance. [S. 32 amended by Act 4 of 1989.] [Issue 1] P49 – 14 Revised Laws of Mauritius