article of food intended for human consumption which is polluted or otherwise liable to render any such
water injurious or dangerous to health;
(d) any stable, kraal, cow-shed or other building or premises used for the keeping of animals or birds which
is so constructed, situated, used or kept as to be offensive or injurious or dangerous to health;
(e) any accumulation or deposit of refuse, offal, manure or other matter whatsoever which is offensive or
which is injurious or dangerous to health;
(f) any dwelling which—
(i) is so overcrowded as to be injurious or dangerous to the health of the inmates; or
(ii) does not conform with any regulations or by-laws made under any Act and in force in the area as
regards—
A. air space or floor space; or
B. lighting or ventilation; or
C. sanitary conveniences; or
D. ablution facilities; or
E. cooking facilities
(g) any public building which is so situated, constructed, used or kept as to be unsafe or injurious or dangerous to health;
(h) any occupied dwelling for which such a proper, sufficient and wholesome water supply is not available
within a reasonable distance as under the circumstances it is possible to obtain;
(i) any trade premises not kept in a cleanly state and free from offensive smells arising from any drain,
sanitary convenience or urinal, or not ventilated so as to destroy or render harmless and inoffensive as
far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly
lighted or ventilated as to be injurious or dangerous to the health of those employed therein;
(j) any trade premises causing or giving rise to smells or effluvia which are offensive or which are injurious
or dangerous to health;
(k) any area of land kept or permitted to remain in such a state as to be offensive or liable to cause any
infectious, communicable or preventable disease or injury or danger to health;
(l) any chimney, not being the chimney of a private dwelling, sending forth smoke in such quantity or in
such manner as to be offensive or injurious or dangerous to health;
(m) any cemetery, burial place or place of sepulture so situated or so crowded or otherwise conducted as to
be offensive or injurious or dangerous to health;
(n) any other condition whatever which is offensive, injurious or dangerous to health.
86 Notice to remove nuisance
(1) The local authority, if satisfied of the existence of a nuisance shall serve a notice on the author of the nuisance, or if he cannot be found, then on the occupier or owner of the dwelling or premises on which the nuisance
arises or continues, requiring him to remove it within the time specified in the notice and to execute such works
and do such things as may be necessary for that purpose, and if the local authority thinks it desirable, but not
otherwise, specifying any works to be executed to prevent a recurrence of the said nuisance:
Provided that—
(i) where the nuisance arises from any want or defect of a structural character, or where the dwelling or
premises are unoccupied, the notice shall be served on the owner;
(ii) where the author of the nuisance cannot be found and it is clear that the nuisance does not arise or
continue by the act or default or sufferance of the occupier or owner of the dwelling or premises, the local authority shall itself remove the same, and may do what is necessary to prevent the recurrence
thereof.
(2) In subsection (1)—
“author of a nuisance” means the person by whose act, default or sufferance the nuisance is caused, exists or
is continued, whether he is an owner or occupier or both owner and occupier, or any other person.
87 Procedure where person fails to comply with notice
(1) If the person on whom a notice to remove a nuisance has been served as aforesaid fails to comply with
any of the requirements thereof within the time specified, or if the nuisance, although removed since the service of
the notice, is in the opinion of the local authority likely to recur on the same premises, the local authority shall
cause a complaint relating to such nuisance to be made before a magistrate, and such magistrate shall thereupon
issue a summons requiring the person on whom the notice was served to appear before his court.
(2) If the court is satisfied that the alleged nuisance exists or that, although removed, it is likely to recur on
the same premises, the court shall make an order on the author thereof, or the occupier or owner of the dwelling or
premises, as the case may be, requiring him to comply with all or any of the requirements of the notice, or otherwise to remove the nuisance within a time specified in the order and to do any works necessary for that purpose,
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