Clause 7

Where any private street or any part thereof is in a dangerous or defective condition, the Director may, by notice in writing, require —

the owners of all premises abutting on such street and having access or right of access thereto from such premises; or

any person, body of persons, society, firm or company, who, in the opinion of the Director, was responsible for causing the street to be in a dangerous or defective condition,to cause such street to be properly repaired and amended within such time as is stated in such notice and may in such notice specify the date before which such work shall be commenced.(2) If such owners, person, body of persons, society, firm or company fail or fails to comply with the requirements of such notice, the Director may himself cause the work to be done and the owners, person, body of persons, society, firm or company shall pay to the Government the cost and expense thereof in such proportions as are settled by the Director:Provided that if such owners, person, body of persons, society, firm or company fail or fails to commence such work before the date specified under the provisions of subsection (1) of this section, the Director may in his discretion, not-withstanding that the period stated in the notice for the completion of the work has not yet expired, himself cause the work to be done and recover the cost and expense thereof in the manner provided in this subsection.(3) If the owner of any such premises, person, body of persons, society, firm or company is dissatisfied with such apportionment of costs, he may appeal to the Minister whose decision thereon shall be final.(4) Notwithstanding the provisions of subsections (1) and (2) of this section, the Director may, in his discretion, and so far as the funds at his disposal will admit, execute at the expense of the Government street works on any private street or any part thereof as may be deemed necessary for or conducive to the public safety, health, convenience or comfort:Provided that the execution of such street works at the expense of the Government shall not affect the liability of such owners, person, body of persons, society, firm or company under the provisions of subsections (1) and (2) of this section.(5) A certificate of the Director stating that he is of the opinion that such owners, person, body of persons, society, firm or company named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any proceedings for the recovery of the cost and expense of repairing such private street.”.