90 Examination of premises
The local authority or any of its officers or, on the order of a district administrator, any police officer may at
all reasonable times enter any building or premises for the purpose of investigating as to the existence of any
nuisance therein; and the local authority or any of its officers may, if necessary, open up the ground of such
premises and cause the drains to be tested or such other work to be done as may be necessary for the effectual
examination of the said premises:
Provided that if no nuisance is found to exist the local authority shall restore the premises at its own e xpense.
91 Persons making complaint of nuisance
(1) Any three persons who allege that a nuisance exists may notify the allegation to the local authorit y, supported by certificates of two medical practitioners, if two or more are resident in the district, otherwise by the
certificate of one medical practitioner, and if the local authority fails within a reasonable time to cause the nuisance to be removed such persons may serve the notice referred to in section eighty-six, and thereupon the like
proceedings shall be had with the like incidents and consequences as to making of orders, penalties for disobedience of orders and otherwise as in the case of a complaint relating to a nuisance made by the local authority:
Provided that the court may authorize any police officer or any other person to do all the necessary acts for
executing an order made under this section, and to recover the expenses from the person on whom the order is
made in a summary manner.
(2) Any police officer or other person authorized under this section shall have the like powers as if he were
an officer of the local authority.
(3) Where the court is satisfied that the person making a complaint under this section had reasonable grounds
for doing so, the court may, when making an order for the removal of the nuisance, also order the local authority
to pay any expenses or costs incurred by such person instead of ordering the author of the nuisance to pay the
same. The court may likewise order any person whose complaint appears to it to be frivolous or vexatious to pay
the costs and expenses incurred by the person who has answered the complaint.
92 Demolition of unfit dwellings
(1) Where under section eighty-five a nuisance is proved to exist with respect to a dwelling and the court is
satisfied that such dwelling is so dilapidated, or so defectively constructed, or so situated, that repairs to or alterations of the same are not likely to remove the nuisance and make such dwelling fit for human habitation, the court
may order the owner thereof to commence to demolish the dwelling and any other structures on the premises on or
before a specified day, being at least one month from the date of issuing the order, and to complete the demolition
and to remove the materials which comprised the same from the site before another specified day.
(2) The court shall give notice to the occupier of a dwelling in respect of which such an order has been issued
requiring him to move therefrom within a time to be specified in such notice, and if any person fails to comply
with such notice or enters the dwelling or premises after the date fixed by the court for the commencement of the
demolition thereof, except for the purpose of demolition, he shall be guilty of an offence and liable to a fine not
exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such
imprisonment.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(3) If any person fails to comply with such an order for demolition he shall be guilty of an offence and liable
to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine
and such imprisonment, and the local authority may cause the dwelling and any other structures on the premises to
be demolished, and may recover from the owner the expense incurred in doing so after deducting the net proceeds
of the sale of the materials which the local authority may sell by auction.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(4) No compensation shall be payable by the local authority to the owner or occupier of any dwelling or other
structure in respect of the demolition thereof as aforesaid, and from the date of the demolition order no rent shall
be due or payable by or on behalf of the occupier in respect of such dwelling or structure.
93 Prohibitions in respect of back-to-back dwellings and rooms without through ventilation
(1) Within every urban area, and also within any rural area to which the Minister may, by statutory instrument, apply this section, it shall not be lawful for any person—
(a) to erect any dwelling constructed on the back-to-back system; or
(b) to erect any room intended to be used as a sleeping or living or work room which is not sufficiently
lighted by a window or windows of a total area of not less than one-twelfth of the floor area, and sufficiently ventilated by two or more ventilation openings or by windows capable of being wholly or partly
opened, such windows or openings being so placed as to secure through or cross ventilation; or
(c) to erect any dwelling on made ground containing street sweepings, refuse, rubbish or other matter liable
to decomposition until the approval of the local authority has been obtained and until also such measures
for safeguarding health have been taken as the local authority may require; or
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