(i) in a dangerous condition; or
(ii) being used in a dangerous manner;
and
(b) it is necessary for immediate action to be taken for the
protection of persons using, or in the vicinity of, the
building referred to in paragraph (a);
shore up, fence, demolish or close the building referred to in
paragraph (a) and recover the cost of such action, together
with interest on such cost at the standard rate, in the manner
provided in subsection (2) of section thirty-four.
(2) An authority shall, in taking action in terms of subsection (1), give such notice of its intention to take such action
to the owner and any right holder of the building concerned
as may be practicable in the circumstances.
83 Duty of occupant to disclose information to
authority
(1) Any occupant of a building shall, at the request of an
authority, disclose to the authority any information in his
possession concerning the name, address and whereabouts of
the owner, any right holder or the responsible person, as the
case may be, of the building.
(2) Any occupant who fails to comply with subsection (1)
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
84 Authority to have all necessary powers
Subject to this Act, an authority shall have the power to do
all things necessary for, or incidental to, the implementation
of this Act, including the power to borrow, raise and expend
moneys:
Provided that the enactment in terms of which an authority
is constituted, relating to the power to borrow, raise or
expend moneys, shall apply, mutatis mutandis, to the
borrowing, raising and expenditure of moneys by the
authority for the purposes of this Act.
85 President may amend First and Second
Schedules
The President may, by statutory instrument, add to, amend
or replace the whole or any part of the First or Second
Schedule.
86 Absence of alternative accommodation
(1) Notwithstanding any provisions of this Act, no order,
abatement order or control order shall be invalid, and no
person shall be excused from compliance therewith, by
reason only that suitable alternative accommodation is not
available for any person required to vacate the building or
premises concerned.
(2) An authority shall not be liable to provide an occupant
of a building or premises with alternative accommodation,
notwithstanding that the authority may have informed such
occupant of the availability of such accommodation.
87 Power to enter and inspect buildings
(1) Any—
(a) housing court or assessor; or
(b) member, assistant or adviser of a board;
may at all reasonable times enter and inspect any building
which is the subject of proceedings before a housing court or
is within the provisional clearance area concerned, as the
case may be.
(2) Any member or employee of an authority authorized
in writing by the authority to do so may at all reasonable
times enter and inspect any building which, on reasonable
grounds, he suspects to be of an unsatisfactory standard or
overcrowded.
(3) The powers referred to in subsections (1) and (2) may
be exercised, mutatis mutandis, in relation to proceedings for
a control order or, as the case may be, for the purpose of
investigating premises in regard to which there is reasonable
grounds for believing that it might form the subject of a
control order:
Provided that this subsection shall not be construed as
conferring any right to enter or search any dwelling-house
without the consent of the occupant thereof.
(4) Any person who—
(a) obstructs or hinder any person referred to in subsection (1), (2) or (3) in the exercise of his powers or the
carrying out of his duties in terms of that subsection;
or
(b) knowingly gives false information or gives information
which he does not know or believe to be true to any
person referred to in, and exercising the powers conferred by, subsection (1), (2) or (3);
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
88 Duties of authority in implementation of
provisions of this Act
(1) An authority shall take all necessary, reasonable and
practicable measures for—
(a) preventing or causing to be prevented the development
of unsatisfactory standards or overcrowding, or remedying or causing to be remedied unsatisfactory standards or overcrowding, within its authority area; and
(b) ensuring the provision of suitable accommodation for
persons required to vacate buildings—
(i) in terms of an order or abatement order; or
(ii) within clearance areas as a result of action taken
by the authority in terms of a clearance warrant.
(2) If the Minister considers that an authority has failed—
(a) to comply with any provisions of subsection (1); or
(b) in any respect other than that referred to in paragraph
(a), to implement this Act;
he may give the authority such directions to remedy such
failure as he may think fit.
(3) Where an authority has failed to comply with any
directions given by the Minister in terms of subsection (2),
the Minister may do or cause to be done all or any of the
things which the authority should have done—
(a) to comply with any provisions of subsection (1); or
(b) in any respect other than that referred to in paragraph
(a), to implement this Act;
and may recover from the authority the cost of doing or
causing to be done all or any of such things, together with
interest on such cost at the standard rate.
89 Regulations
The Minister may, by regulation, provide for all matters
which—
(a) by this Act are required or permitted to be prescribed;
or
(b) in his opinion, are necessary or convenient in order to
carry out or give effect to this Act.
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