or an order prohibiting the recurrence of the nuisance and directing the execution of any works necessary to
prevent the recurrence, or an order both requiring the removal and prohibiting the recurrence of the nuisance.
(3) The court may by such order impose a fine not exceeding level five on the person on whom the order is
made, and may also give directions as to the payment of all costs incurred up to the time of the hearing or making
of the order for the removal or prohibition of the nuisance.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(4) Before making an order the court may, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection, investigation or analysis in respect of the nuisance alleged has been made by some
competent person.
(5) Where the nuisance proved to exist is such as to render a dwelling unfit, in the judgment of the court, for
human habitation, the court may issue a closing order prohibiting the use thereof as a dwelling until in its jud gment the dwelling is fit for that purpose; and may further order that no rent shall be due or payable by or on behalf
of the occupier of that dwelling in respect of the period in which the closing order exists; and on the court being
satisfied that it has been rendered fit for use as a dwelling, the court may determine the closing order, and by a
further order declare the dwelling habitable, and from the date thereof such dwelling may be let or inhabited.
Notwithstanding any such last-mentioned order, further proceedings may be taken in accordance with this
section in respect of the same dwelling in the event of any nuisance occurring or of the dwelling being again
found to be unfit for human habitation.
87A Local Authorities failing to deal with nuisances
(1) The Secretary or any health inspector of the Ministry, if satisfied that a local authority has caused or allowed to exist on any land or premises in its area of jurisdiction any nuisance or other condition that is or is likely
to be injurious or dangerous to public health, shall serve a notice on the local authority concerned requiring it to
remove the nuisance within the time specified in the notice and execute such works and do such things as may be
necessary for that purpose.
(2) If the local authority on which a notice to remove a nuisance has been served 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 Secretary or health inspector, likely to recur on the same land or premises, the
Secretary or health inspector shall cause a complaint relating to such nuisance to be made before a magistrate and
such magistrate shall thereupon issue a summons requiring the medical officer of health of the local authority on
which the notice was served to appear before his court on behalf of the local authority, and subsections (2) to (5)
of section eighty-seven shall apply to the local authority as they apply to a person referred to in subsection (1) of
that section.
[Section inserted by section 23 of Act 14 of 2002]
88 Penalties in relation to nuisances
(1) Any person who fails to obey an order to comply with the requirements of the local authority, or othe rwise to remove the nuisance, shall, unless he has satisfied the court that he has used all dil igence to carry out such
order, 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; and any person wilfully acting in contravention
of a closing order issued under section eighty-seven 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.
[Subsection as amended by section 4 of Act No. 22 of 2001]
(2) The local authority may in such a case enter the premises to which any such order relates and remove the
nuisance and do whatever may be necessary in the execution of such order, and recover in any competent court
the expenses incurred by it from the person on whom the order is made.
(3) Any local authority that fails to obey an order to comply with the requirements of the Secretary or health
inspector or otherwise to remove the nuisance, shall, unless it has satisfied the court that it has used all diligence
to carry out such order, be guilty of an offence and liable to a fine not exceeding two thousand dollars for every
day during which the default continues.
[Subsection inserted by section 23 of Act 14 of 2002]
(4) The Secretary or health inspector may in such a case enter the premises to which any such order relates
and remove the nuisance and do whatsoever may be necessary to effect such order and recover the expenses
incurred by him from the local authority on whom the order was served.
[Subsection inserted by section 23 of Act 14 of 2002]
89 Court may order local authority to execute works in certain cases
Whenever it appears to the satisfaction of the court that the person by whose act or default the nuisance arises
or that the owner or occupier of the premises is not known or cannot be found, the court may at once order the
local authority to execute the works thereby directed, and the cost of executing the same shall be a charge on the
property on which the said nuisance exists.
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