View report page

39
In the event of the owner failing to comply with any notice served,
the local authority can enter and themselves carry out the work and
recover the cost.
During 1948, 89 notices were authorised to be served under S. 39.
Of the 38 served, 16 were complied with; in 14 the work was carried out
by the Council. 126 notices were served under S. 24 involving 30 sewers.
The work was carried out by contractors instructed by the Council and
the cost recovered.
Public Health Act, 1936—S. 45. The Council authorised the service
of 14 notices under this section, which empowers action to be taken for
the repair of defective water closets. Nine were actually served, all
being complied with.
Housing Act, 1936. In ordinary circumstances when an inspector
visits a house, especially if it is because of some complaint, he has to consider
whether action should be taken under the relevant provisions of
the Housing Act, Before the war, then, a thorough inspection would be
made and an assessment made of the cost of the work required to put the
house in a habitable condition. If the estimated cost was not out of all
proportion to the value of the house, the Committee's sanction would be
sought to the serving of a notice under S. 9 of the Housing Act. One
advantage of proceeding under this section rather than under the nuisance
section of the Public Health Act, is that more work can be demanded.
Further, in default of the owner carrying out the work, the Authority
can do it and recover the cost. During the war years, shortage of labour
and materials necessitated action being limited to the more urgent
needs of the standards of the Public Health Acts. The situation is
getting easier and more use is again being made of the power of the
section. During 1948, the Committee authorised the service of 175
notices; 69 were actually served, and of these 46 were complied with by
the owners within the time stipulated in the notice. In four cases the
Council arranged for the carrying out of the work at the cost of the
owner.
If the cost of repair is very high in relation to the value of the house,
then the question of the making of a demolition order under S. 11 is
considered, the owner of the property being invited to discuss the matter
with the Committee. Present-day demands on accommodation have
so added to the value of the property, while those living in unsatisfactory
conditions are only too glad to obtain accommodation of any sort, that
the standard now is very different from that of before the war, so many
houses are now being retained for use that on pre-war standards would
have been the subject of S. 11 procedure. In spite of the desirability
of continuing to keep in use if at all possible any property which can meet
the needs of a family, during the year eight houses were dealt with by
demolition orders being made. Three of these houses were demolished
before the end of the year, the families being rehoused by the Council.
In some instances, the owners of the houses not being in a position to
meet the expenditure necessary to put the houses in a fit state have
offered them for purchase by the Council. While at ordinary times there
could be no question of the authority continuing to own property of such
standard, to-day's shortage of accommodation and difficulty in