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32
(a) any house in their district is in such a state (in this section
referred to as a "defective state") as to be a nuisance or injurious or
dangerous to health; and
(b) having regard to all the circumstances, unreasonable delay in remedying
the defective state would be occasioned by following in relation to
such house (in this section referred to as "the premises") the procedure
prescribed in the Fifth Schedule to the Act of 1936
instead of serving a nuisance notice under the said Fifth Schedule serve upon
the person upon whom it would otherwise have been appropriate to serve the
nuisance notice, a notice to the effect that the authority intend to remedy the
defective state of the premises themselves. If the person upon whom the
notice is served serves a counter notice within SEVEN DAYS that he intends to
carry out the work himself and within a reasonable time commences to execute
the work, so long as the work progresses to the satisfaction of the authority
no further action can be taken.
If no such counter-notice is served, the council may after the expiration
of NINE DAYS after the service of their notice of intention to execute the
works take such steps as may be necessary to remedy the defective state of the
premises and recover the expenses reasonably incurred by them in so doing from
the person upon whom the notice was served. In proceedings to recover the
expenses it shall be a defence to prove that
(i) the alleged defective state did not exist at the time of the service
of the notice: or
(ii) the need to abate the defective state was not so urgent as to justify
the authority themselves executing such works and taking such steps without
first complying with the provisions of the Fifth Schedule to the Act
of 1936 or
(iii) the person upon whom the notice was served having duly served a
counter notice under subsection (2) of this section commenced within a
reasonable time and progressed reasonably with the execution of such works
and the taking of such steps as were necessary to remedy the defective
state of the premises.
Subsection 5 empowers the authority if they think fit to exercise the
powers of this section in relation to such defects in the premises as may be
specified in the notice notwithstanding the fact that other defects may exist
in such premises, and in that case nothing contained in this section or done or
executed thereunder shall prejudice or affect the powers of the authority under
the Fifth Schedule to the Act of 1936 in relation to any such other defect in
such premises.
The functions of a sanitary authority under this section may be exercised
by the medical officer of health or a sanitary inspector of the authority.
SEWERAGE AND DRAINAGE
The majority of premises of all types in the Borough are drained by the
combined system, that is to say both the surface water and sewage discharge
into the same drain. The nine cesspools still in use, taking the drainage of
four dwelling-houses, two business premises, a civil defence centre, and
dressing rooms on playing fields, were emptied once or twice a week as circum
stances required, and again gave no cause for complaint,.
The main provisions relating to sewerage and drainage are contained in
Part II of the Public Health (London) Act, 1936. Construction and maintenance
of sewers vested in the Borough Council is the responsibility of the Borough
Engineer and Surveyor's Department, and during the year that Department carried
out the reconstruction of approximately 750 yards of sewers.
In my last report I referred to the near completion of Part I of the
reconstruction of the Rendlesham Road Sewer which in the past has been a source
of complaint of flooding caused by surcharging in times of abnormal rainfall.