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37
Failure to comply with the requirements of a Nuisance Order renders the
person against whom it is made liable to a penalty; in such circumstances the
Council may themselves execute the necessary works and recover the expenses
incurred in so doing, There is no appeal against a Nuisance Order, unless it
is or includes a prohibition order or a closing order, or requires the execution
of structural works.
If in respect of any premises on which a nuisance exists neither the person
by whose act, default or sufferance the nuisance arose or continues, nor
the owner nor the occupier can be found, any nuisance order made by the court
may be addressed to the sanitary authority and, if so addressed, shall be
executed by them.
COMPLAINTS of alleged insanitary conditions or housing defects to the
number of 5,496 were received and investigated. As a result of all inspections
made, action under the Public Health Act was necessary in respect of
3,448 individual premises, 2,970 Intimation Notices relating to nuisances and
506 Informal Notices concerned with drainage, etc. were served under section
40 (4) and/or the various by-laws: defects at the remaining premises were
dealt with by informal action The number of Nuisance (Statutory) Notices
served totalled 2,630, and other formal notices 473.
Legal proceedings were instituted in 207 cases and 117 Nuisance Orders,
including one closing order and one prohibition order, were made, In 38
instances where work was completed before the date of hearing costs were
awarded by the Court. Two summonses were adjourned sine die and 50 were withdrawn,
in most cases by reason of the fact that the work was completed by the
date of hearing and the Council" s costs paid.
In 19 cases legal proceedings were taken for non compliance with Nuisance
Orders, and penalties and costs were obtained in 15 cases, Three summonses
were withdrawn without costs, and one summons was adjourned sine die
Defects were remedied at 3,108 premises, 2,552 following the service of
formal Notices and 556 as a result of informal action Notices complied with
totalled 3,725, viz:
Nuisance Notices 2,574
Other formal Notices 430
Intimation Notices 360
Other Informal Notices 361
Work in default
In pursuance of their default powers the Council carried out the work
necessary to comply with Nuisance Orders made in respect of the following
sixteen premises, at a total cost of £1,056 3s. 8d,
£
s.
d.
64 Colvestone Crescent
105
8
6
6 Daubeney Road
40
14
0
21 De Beauvoir Square
28
10
0
154 Elderfield Road
131
8
6
37 Elmcroft Street
17
8
0
41 Foulden Road
69
5
0
167 Glenarm Road
112
6
0
227 Glyn Road
99
4
10
65 Graham Road
150
4
2
113 Graham Road
133
5
2
45 Hassett Road
30
0
0
51 Hassett Road
59
10
6
33 Horton Road
9
4
0
24 Lynmouth Road
17
15
0
29 Norcott Road
40
0
0
84 Rectory Road
12
0
0