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38
Section 31, Public Health Acts Amendment Act, 1907.
Complaints were also received as to unoccupied premises
and lands being unfenced or in a dilapidated and an insanitary
condition. Notices were served upon the owners to
erect a fence and to carry out all other works necessary to
remedy the nuisance. In one case, the notice was complied
with, but in the other nothing was done until the Council
passed a resolution to apply to the Local Government Board
to take proceedings as prescribed by the section, when the
owner agreed to do the work and ultimately this was done.
The terms of the section are as follows:—
"If any land (other than land forming part of any common)
adjoining any street is allowed to remain unfenced or if the
fences of any such land are allowed to be or remain out of
repair, and such land is, owing to the absence or inadequate
repair of any such fence, a source of danger to passengers, or is
used for any immoral or indecent purposes, or for any purpose
causing inconvenience or annoyance to the public, the Local
Government Board on the application of the local authority
may by Order empower the local authority to proceed under this
section, and, in that case, at any time after the expiration of
fourteen days from the service upon the owner or occupier of
notice in writing by the local authority requiring the land to be
fenced or any fence of the land to be repaired, the local authority
may cause the land to be fenced or may cause the fences to be
repaired in such manner as they think fit, and the reasonable
expenses thereby incurred shall be recoverable from such owner
or occupier summarily as a civil debt."