Singapore legislation

Clause 51

of Environmental Public Health Bill

Clause 51

Notice requiring abatement of nuisance

(1)

On the receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the Commissioner shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, on the occupier or the owner of the premises on which the nuisance arises, requiring him to abate the same within the time and date specified in the notice and to execute such works and do such things as are necessary for that purpose and, if the Commissioner thinks it desirable, specifying any works to be executed.

(2)

The Commissioner may also by the same or another notice served on such occupier, owner or person require him to do what is necessary for preventing the recurrence of the nuisance and, if he thinks it desirable, specify any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance had for the time being abated if the Commissioner considers that it is likely to recur on the same premises.

(3)

Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner.

(4)

Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or the owner of the premises, the Commissioner may cause the same to be abated and may do what is necessary to prevent the recurrence thereof.

(5)

Where a Medical Officer of Health or a Public Health Engineer certifies to the Commissioner that any house or part of a house is so overcrowded as to be injurious or dangerous to the health of the residents thereof, whether or not members of the same family, the Commissioner shall take proceedings under this section for the abatement of such nuisance and the expenses thereby incurred shall be paid by the person in default.

(6)

Where a notice has been served on a person under this section and either —

(a)

the nuisance arose from the wilful act or default of the said person; or

(b)

such person makes default in complying with any of the requisitions of the notice within the time and date specified,he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars for each offence and to a further fine not exceeding fifty dollars for every day during which the offence is continued after the date specified in such notice as provided in subsection (1) of this section, whether any such nuisance order mentioned in section 52 of this Act is or is not made upon him.