Singapore legislation
Clause 106
Clause 106
On non-compliance with notice, nuisance order to be made
(1)
If either —
the person on whom a notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requisitions thereof within the time specified; or
the nuisance, although abated since the service of the notice, is in the opinion of the Director likely to recur on the same premises,on complaint by the Director a Magistrate’s Court hearing the complaint may make on such person a summary order, in this Ordinance referred to 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 requisitions of the notice, or otherwise to abate the nuisance within a time 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 an 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 eight hundred dollars.
(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 such order, be liable on conviction to a fine not exceeding fifty dollars a day during his default.
(10)
Any person who knowingly and wilfully acts contrary to a prohibition order or closing order shall be liable on conviction to a fine not exceeding one hundred dollars a day during such contrary action.
(11)
In either of the cases mentioned in subsections (9) and (10) of this section, the Director 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 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 premises, such expenses together with any costs and expenses which the Court orders such owner to pay shall be deemed to be expenses to which section 157 of this Ordinance applies and shall be recoverable under the provisions of 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 Director 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 seven 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 liable on conviction to a fine not exceeding fifty dollars a day during his disobedience to the order, and the Court shall, upon application by the Director, make a summary order for his ejectment and the same may be carried into effect by any police officer or officers:Expenses of removalProvided 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 way before a Magistrate’s Court.