Section 33: Proceedings against authors of nuisance

33. Proceedings against authors of nuisance (1) Where a nuisance appears to be wholly or partially caused by the act or default of more than one person, the Sanitary Authority or other complainant may— (a) institute proceedings against any one of those persons; or (b) include all or any 2 or more of those persons in one proceeding. (2) Any one or more of those persons under subsection (1) may be— (a) ordered to abate the nuisance, so far as it appears to the Court to be caused by his or their acts or defaults; (b) prohibited from continuing any act or default which in the opinion of the Court contributes to the nuisance; (c) fined or otherwise punished, notwithstanding that the act or default of any of those persons would not separately have caused a nuisance, and the costs may be distributed as may appear fair and reasonable to the Court. (3) Proceedings against several persons included in one complaint shall not abate by reason of the death of any of those persons but may be carried on as if the deceased had not been originally included in the proceedings. (4) Where in any proceedings under this Act relating to nuisances, whether written or otherwise, it becomes necessary to mention or refer to the owner or occupier of premises, it shall be sufficient to designate him as the owner or occupier of the premises, without name or further description. (5) Nothing in this section shall limit the right of any person proceeded against under this section to recover compensation under any other enactment.