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193
New Legislation
Public Health (Recurring Nuisances) Act, 1969
The above-mentioned Act, which came into force on the 25th
July, 1969, enables a local authority to serve a prohibition notice
in respect of any premises where a statutory nuisance has, or is
likely to, recur.
In the case of a defect of a structural nature the notice shall be
served on the owner of the premises and in other cases on the person
by whose act, default or sufferance the nuisance arose. If that
person cannot be found the notice shall then be served on the
occupier or owner of the premises.
A prohibition notice may be served whether or not the nuisance
is in existence at the time of service and the local authority may, if
they think fit, specify the works to be carried out to prevent the
nuisance recurring. It is not a requirement of the Act that an
Abatement Notice relating to the nuisance should first be served
and it provides that a Prohibition Notice and Abatement Notice
may be contained in the same document.
Where a local authority has served a notice and the nuisance
recurs or the requirements of the Notice have not been complied
with, the local authority may cause a complaint to be made to a
Justice of the Peace.
The Court is empowered by the Act to make a nuisance order
and also exercise powers contained in similar hearings under the
provision of the Public Health Act, 1936.
Sanitary Circumstances of the Area
The tables on page 225 to 226 summarise, as far as possible,
the sanitary work of the Department; from these it will be seen that
a total of 39,360 houses and premises have been inspected or reinspected
during the year; 1,385 Preliminary and 490 Statutory or
Abatement Notices were served. Registered complaints numbered
5,435.
Factories Act, 1961
During the year 276 inspections were made by the Council's
Inspectors in relation to the 571 registered factories. The latter
figure includes 10 premises where mechanical power is not used.
Defects were found in 45 instances, all of which were remedied.