Clause 112

Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work to which the provisions of this Act with respect to nuisances to be dealt with summarily thereunder do not apply, and such owner or occupier after due notice fails to erect or remove such building or thing or to perform such work within the prescribed time, the Commissioner may make a complaint and the Magistrate’s Court hearing the complaint may make on such owner or occupier a summary order (hereinafter in this Act referred to as a “mandatory order”) requiring such owner or occupier to execute the required work.

A mandatory order shall require the person to whom it is directed to execute any work which the Court is authorised to require to be executed within a time to be specified in such order and may also require such person to pay to the Commissioner a sum for costs and expenses incurred in obtaining such mandatory order.

Any person to whom the mandatory order is addressed who fails to comply with the requirements of a mandatory order shall, unless he satisfies the Court that he has used all due diligence to carry out such order, be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one hundred dollars a day during his default, and the Court may direct the Commissioner to enter the premises and execute the work so required to be executed and the expenses thereby incurred by the Commissioner shall be paid by the person in default and, if such person is the owner, the provisions of section 122 of this Act shall apply to such expenses, and in any other case the provisions of section 119 of this Act shall apply thereto.