PART XVI. Ibid., s. 207 (part) Ibid, s. 307, Justices may, after notice, cause Measures to be taken in case of ruinous or dangerous building. 1517, 1922, s. 14. Municipal Corporations Act.-1923. than Two Pounds nor more than Twenty Pounds, and to a further penalty of not less than Ten Shillings nor more than Ten Pounds for every week during which such neglect continues after service of such notice. 296. (1) Nothing contained in the last preceding section shall prevent any person, with the consent of the Surveyor (after plans have been submitted to and approved by the Council), from placing in front of his building- (a) a balcony, with a framework constructed of iron, and securely fixed with iron brackets or other supports to the satisfaction of the Surveyor; or (b) an awning or verandah, provided that such awning or verandah is eight feet, at the least, in height above the footway in front of such building, and that the posts for the support thereof are placed close to the kerbstone or outer edge of such footway, as the Council direct. (2) Any person who (a) places in front of any house or shop any verandah or awning less than eight feet in height above the footway in front of such house or shop; (b) fixes the supporting posts thereof otherwise than in accordance with the direction of the Council; or (c) puts up any verandah or balcony without the consent of the Surveyor and Council, shall be liable to a penalty of not less than Ten Shillings nor more than Five Pounds, and to a further penalty of not less than Ten Shillings nor more than One Pound for every day during which such offence continues after notice by the Surveyor to remove the same has been given to him. 297. (1) If, within one month after notice by the Surveyor to remove any building which encroaches as aforesaid has been served on the owner, or, if the occupier has erected the same, then upon the occupier thereof, the same is not removed accordingly any two Justices may grant a warrant under their hands and seals to the Surveyor and his assistants forthwith to cause the said building and all alterations therein or additions thereto, so far as the same encroach upon the said public street or place, to be taken down, and the same may be taken down accordingly and removed. (2) The owner or occupier shall, upon the order in writing of the Council, under the hand of the Mayor or Town Clerk, pay the costs and expenses of such taking down and removal to the Corporation. 298. (1) If any building wall or anything affixed or attached thereto is in a ruinous or dangerous condition so as, in the opinion of the Surveyor; to render either the occupiers of adjoining buildings or Municipal Corporations Act.-1923. or any (2) If the circumstances so admit he shall cause notice in writing to be served on the owner or occupier of the premises, or if such owner or occupier cannot be found, to be fixed on the door or other conspicuous part thereof, requiring such ruinous or dangerous building wall or other thing to be taken down, repaired, or secured as the case may require within such time as the Surveyor deems necessary. (3) If such taking down, repairing, or securing is not completed to the satisfaction of the Surveyor within the time prescribed by such notice, the Council may cause such building wall or other thing to be taken down, repaired, re-built, or otherwise secured in such manner as is requisite. (4) The expenses to the Council of putting up any hoarding or fence, and of taking down, repairing, re-building, or securing such building, wall, or other thing under this section, shall be paid upon the order of the Council by writing under the hand of the Mayor or Town Clerk by such owner or occupier to the Corporation, and may be recovered by the Council by any process by which rates in arrear may be recovered, and until fully paid or recovered such amount shall be a charge upon the land whereon such building, wall, or other thing is or was situated notwithstanding any change in the ownership thereof. 299. (1) If any building is taken down either wholly or in part under the provisions herein contained, the Council may sell the materials thereof, or so much thereof as is taken down. PART XVI. materials of build Council may sell ings pulled down in payment of expenses incurred. 8. 210. (2) The money to arise from such sale shall be applicable so far M.C. Act, 1890, as the same may extend to the reimbursement to the Corporation of any outlay and expenditure incurred by reason of such taking down, or incidental thereto. (3) The surplus, if any, shall be paid to the owner of the property taken down, on demand. (4) If the money to arise from such sale is insufficient to satisfy and defray the expenses incurred by the Corporation in such taking down, the owner of the property shall be liable to make good the deficiency to the Corporation, and to pay the same as the Council, by any order in writing under the hand of the Mayor or Town Clerk direct. PART! PART XVII. Council may take measures for prevention and suppression of fires. M.C. Act, 1890, s. 211. 1130, 1913. Hay, straw, and thatch not to be stacked in the open air. M.C. Act, 1890, s. 212. Ibid., s. 307, Schedule of Ashpits to be con structed of incombustible material. Municipal Corporations Act.-1923. PART XVII. PREVENTION OF FIRES. 300. Subject to the provisions of the Fire Brigades Act, 1913, the Council may (a) either separately or in conjunction with any commissioners or other authorised body for supplying their Municipality with water, cause such reservoirs, tanks, mains, pipes, and fire-plugs to be constructed and laid down in such streets and public or other places as the Council deem necessary for affording a constant and ample supply of water for use in the event of fire within such Municipality : (b) either separately or in conjunction with any fire insurance company or other persons, procure fire-engines, fireescapes, ladders, and other machines and apparatus made use of for extinguishing fires and saving life and property in cases of fire: (c) either separately or in conjunction with any fire insurance company or other persons organise and establish any fire brigade and make provisions for, or contribute towards the payment of, any superintendent, officer, fireman, or other person employed therein, or grant any sum of money as rewards for meritorious conduct, or compensation for personal injury to any person assisting in the extinguishment, or preventing the spread of fire, or in the rescue, or attempt to rescue, any person, animal, or goods therefrom within such Municipality : (d) cause alarm-bells to be fixed in such situations as they deem expedient. 301. (1) No person shall stack or pile in the open air or store for sale within any Municipality any hay, straw, or thatch, except in premises licensed or authorised by the Council. (2) Any person offending against this section shall be liable to a penalty of not less than Five Shillings nor more than Ten Pounds. 302. (1) No person shall use any pit or place in any Municipality for the deposit of ashes, unless the same is wholly constructed of Ibid., s. 213 (part). incombustible material, and carried up on all sides with the same material two feet at least above the surface of the ground. Ibid., s. 307, Fires not to be lit in open air. Ibid., s. 213 (part). (2) Any person offending against this section shall be liable to a penalty of not less than Five Shillings nor more than Five Pounds. 303. No person shall in any Municipality— (a) deposit in the open air any embers or ashes liable to kindle; (b) light or Municipal Corporations Act.-1923. (b) light any fire in the open air without the consent of the Council. PART XVII. (2) Any person offending against this section shall be liable to a Ibid., s. 307, penalty of not less than Five Shillings or more than Five Pounds. Schedule of allowed to take fire. 304. (1) No person shall allow any chimney-flue of the dwelling- Chimneys not to be house or other premises occupied by him within any Municipality to take fire by reason of having become foul, or of any neglect, Ibid., s. 214. carelessness, or default of the occupier of such dwelling-house or other premises, or of his servant or other person using such chimneyflue. (2) Any person offending against subsection (1) hereof shall be Ibid., s. 307, liable to a penalty of not less than Five Shillings nor more than Schedule of Five Pounds. (3) The onus of proof that such chimney-flue did not take fire in consequence of being foul, or of any such neglect, carelessness or default as aforesaid, shall be upon the defendant. Penalties. removal. 305. (1) If it is deemed expedient for the public safety, with Inflammatory builda view to the prevention of fire, that any public or other place within ings in public or other places may, by any Municipality shall be brought under the operation of the next Proclamation, be following three sections, the Council may, either separately or in rendered liable to conjunction with any insurance companies or other persons, cause Ibid., s. 215. any such public or other place to be surveyed by three competent surveyors or architects, of whom the Surveyor shall be one, another of whom shall be nominated by the Chief Secretary, and the third by the fire insurance companies established within or nearest to such Municipality, or any of such companies. (2) If such surveyors and architects, or surveyors or architects, report that it is desirable for the public safety that such public or other place, or any part thereof, be brought under the operation of the next following three sections, the Governor, at the instance of the Council, and on the application of three or more citizens, being owners or occupiers of ratable property assessed at a sum exceeding Twenty Pounds per annum in any such public or other place, may, by Proclamation, declare such public or other place, or any part thereof, to be and the same shall thereupon become, subject to the provisions of the next following three sections. (3) With regard to any Municipality in which Division III. of 573, 1893, s. 34 Part XXIII. is in operation, subsection (2) shall be read and con- (part). strued as if the words "Four Hundred Pounds " had been inserted therein in lieu of the words "Twenty Pounds per annum." to be removed. 306. When any building within any Municipality which is Inflammatory buildconstructed wholly, or the external walls or the coverings of the ings may be ordered roofs whereof are constructed wholly or partially of wood, thatch, M.C. Act, 1890, & canvas, or other inflammable material, is either internally or exter- 216. nally, in such a state as to be liable to immediate ignition in the event of contact with fire, the Council may cause immediate notice to be PART XVII. Compensation to be ascertained by arbitration. Ibid., s. 217. Justices may, in des fault of compliance with notice, order removal. Ibid., s. 218. Municipal Corporations Act.-1923. given, under the hand of the Mayor or Town Clerk, to the owner or occupier of such building that such building is dangerous by reason of its liability to ignite, and requiring such building, or the portion specified in such notice as dangerous, to be removed within such time as the Council in such notice specify. 307. (1) Within one month after such notice has been given, or within such further time as the arbitrators or their umpire, or the arbitrator proceeding alone hereinafter mentioned, by any writing under their or his hand, appoint or appoints, the amount of compensation for the injury to be occasioned by such removal shall be ascertained by a reference to arbitration unless such amount has been previously agreed upon. (2) One arbitrator shall be appointed by the Council, and one by the owner or occupier, or his authorised agent. (3) The arbitrators so appointed shall, before entering upon the reference, appoint an umpire, who shall inquire with the arbitrators into the matters referred, and the award of any two of such arbitrators and umpire shall be final. (4) In the event of either party neglecting or refusing to appoint an arbitrator within seven days after being thereunto required, or if either arbitrator after appointment refuses or neglects to proceed with, or in any way hinders, the reference, the other arbitrator may proceed alone, and his award shall be final and conclusive between the parties. 308. (1) In default of compliance with the notice and requisition directed to be given by section 306, any one or more Justices, on the complaint of the Town Clerk or Surveyor, and on proof of the service of such notice and requisition, may order the immediate removal by the Surveyor, or other persons appointed by the Council, of the building or portion specified in such notice, and the same shall be removed accordingly. (2) After such removal the parties entitled shall be paid by the Council, out of the general revenue of the Corporation, the compensation ascertained as aforesaid, together with the cost of the inquiry, if awarded, and, if necessary, may recover the amount thereof from the Corporation by action. PART |