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32
(iv) s. 56—
(a) By owners –
(b) By local authority in default of owners 1
(Notice outstanding from 1952)
(v) s. 75—
(a) By owners 19
(b) By local authority in default of owners 9
(c) By occupier 4
(vi) s. 93—Nuisances abated (17 outstanding from 1952) 51
(vii) Nuisances abated and/or other work carried out by
owners on receipt of informal notice 1,607
SUMMARY PROCEEDINGS
On 13 occasions application was made to the Courts for Abatement
Orders. In the case of three an order was granted; in the case of six
others the Court granted an adjournment to enable the work necessary
to abate the nuisance to be carried out and in each of the other four cases
the work required was executed before the date fixed for the Magistrates
to hear the case. A fine was imposed in one case and costs were allowed
in six others.
Appeals were lodged against two notices under Section 45 of the
Public Health Act, 1936 requesting the owners to carry out repairs to
water closets. Both were dismissed.
An appeal was also lodged by the owner against a notice asking him
to provide a dustbin. This was dismissed.
For some time now it has been a matter of debate as to whether
a notice calling for a new dustbin to be provided should be served on
the owner of the house or on the occupier. Section 15 of the Middlesex
County Council Act, 1950, enabled the one who was served with the
notice to appeal, the Court being empowered to make such order as it
thought fit. The Magistrates though were not obliged to make any order
against either the owner or the occupier. Section 8 of the Local Government
(Administrative Provisions) Act, 1953, may remove some of the
difficulties as both the owner and the occupier of a building may be
brought before the court where a notice has been served on one of them
to provide a dustbin.
HOUSING
Houses Incapable of Repair
A local authority being satisfied that any house is in any respect
unfit for human habitation, unless they are satisfied it is not capable
at reasonable expense of being rendered so fit, serve a notice under
Section 9 of the Housing Act calling for the carrying out of works to
render the house fit for human habitation. However, when the authority
are satisfied that the house is not capable at reasonable expense of being
rendered so fit, steps are taken under Section 11 of the Housing Act with
view to a Demolition Order being made. If there are groups of houses,