52. 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 nuisance 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 nuisance 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 the 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 person; or

(b)

such person makes default in complying with any of the requirements of the notice within the time and date specified,he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 for each offence and to a further fine not exceeding $50 for every day during which the offence continues after the date specified in the notice as provided in subsection (1), whether any such nuisance order mentioned in section 53 is or is not made upon him.[53

Terms defined in s 2

Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Public Health appointed under section 3 and includes a Deputy Commissioner of Public Health and an Assistant Commissioner of Public Health appointed under that section;
Open s 2
house
Defined · s 2
“house” includes dwelling-house, warehouse, office, shop, school and any other building in which persons are employed;
Open s 2
Medical Officer of Health
Defined · s 2
“Medical Officer of Health” means any registered medical practitioner in the service of the Government who is for the time being carrying out the duties of a health officer in any area or district in Singapore or the port limits thereof, and includes the Airport Health Officer, the Port Health Officer and any registered medical practitioner in the service of the Government who is engaged in duties arising out of or connected with this Act;
Open s 2
nuisance
Defined · s 2
“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;
Open s 2
occupier
Defined · s 2
“occupier” means the person in occupation of any premises or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;
Open s 2
owner
Defined · s 2
“owner” means the person for the time being receiving the rent of any premises, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the land or house comprised in the premises were let to a tenant;
Open s 2
premises
Defined · s 2
“premises”, except in section 41, means messuages, buildings, lands, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority, and includes any place or structure, or any part thereof, used or intended to be used for human habitation or for employment or any other purpose whatsoever;
Open s 2
Public Health Engineer
Defined · s 2
“Public Health Engineer” means a Public Health Engineer appointed under section 4;
Open s 2

Report

Read on from s 53

Schedules

Read on from Schedules