Singapore legislation

Section 53

of Environmental Public Health Act

Section 53

Nuisance order

(1)

If either —

(a)

the person on whom a notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requirements thereof within the time and date specified; or

(b)

the nuisance, although abated since the service of the notice, is in the opinion of the Commissioner likely to recur on the same premises,on complaint by the Commissioner, a Magistrate’s Court hearing the complaint may make on such person a summary order (referred to in this Act as a nuisance order).

(2)

A nuisance order may be an abatement order or a prohibition order or a closing order or a combination of such orders.

(3)

An abatement order may require a person to comply with all or any of the requirements of the notice, or otherwise to abate the nuisance within the time and date specified in the order.

(4)

A prohibition order may prohibit the recurrence of a nuisance.

(5)

An abatement order or prohibition order shall, if the person on whom the order is made so requires or the Court considers it desirable, specify the works to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance.

(6)

A closing order may prohibit a dwelling-house from being used for human habitation.

(7)

A closing order shall only be made where it is proved to the satisfaction of the Court that by reason of a nuisance a dwelling-house is unfit for human habitation and, if such proof is given, the Court shall make a closing order and may impose a fine not exceeding $2,000.

(8)

A Court, when satisfied that the dwelling-house has been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order.

(9)

Any person who fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance shall, unless he satisfies the Court that he has used all due diligence to carry out the order, be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 and to a further fine not exceeding $50 a day during the period of his default.

(10)

Any person who knowingly and wilfully acts contrary to a prohibition order or closing order shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $300 a day during the period of such contrary action.

(11)

In either of the cases mentioned in subsections (9) and (10), the Commissioner or any person authorised by him in writing in that behalf may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever is necessary in the execution of such order and the costs and expenses thereby incurred shall be paid by the person in default.

(12)

In case of nuisances caused by the act or default of the owner of any premises, such costs and expenses, together with any costs and expenses which the Court orders the owner to pay, shall be deemed to be costs and expenses to which section 124 applies and shall be recoverable under that section.

(13)

A Court making any order under this section may require any person on whom any order is made to pay all costs and expenses incurred in obtaining the order.

(14)

Where a closing order has been made with respect to any dwelling-house, the Commissioner shall serve notice of the order on every occupier of the dwelling-house and within such period as is specified in the notice not being less than 7 days (save in case of immediate danger) after the service of the notice the order shall be obeyed by him and he and his family shall cease to inhabit the dwelling-house, and in default he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 a day during his disobedience to the order, and the Court shall, upon application by the Commissioner, make a summary order for his ejectment and the order may be carried into effect by any police officer or police officers:Provided that the owner shall make to every tenant whose tenancy has not been lawfully determined such reasonable allowance, if any, on account of his expenses in removing as a Court may allow or order, and such allowance shall be recoverable in a summary manner before a Magistrate’s Court.[54