30. Repair of private streets
Feedback & supportWhere any private street or any part thereof is in a dangerous or defective condition, the Director-General may, by notice in writing, require —
the owners of all premises abutting on the street and having access or right of access thereto from those premises; or
any person, body of persons, society, firm or company, who, in the opinion of the Director-General, was responsible for causing the street to be in a dangerous or defective condition,to cause the street to be properly repaired within such time as is stated in the notice and may in the notice specify the date before which the work shall be commenced.
If such owners, person, body of persons, society, firm or company fail or fails to comply with the requirements of the notice, the Director-General 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-General:Provided that if such owners, person, body of persons, society, firm or company fail or fails to commence the work before the date specified under subsection (1), the Director-General may in his discretion, notwithstanding 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.
If the owner of any such premises, person, body of persons, society, firm or company is dissatisfied with the apportionment of costs, he may appeal to the Minister whose decision shall be final.
owner
“owner” means the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the rent if the premises were let to a tenant and shall for the purposes of section 40 include a mortgagee not in possession and includes the person whose name is entered in the Valuation List authenticated under section 15 of the Property Tax Act;
Notwithstanding subsections (1) and (2), the Director-General 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 considered 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 subsections (1) and (2).
street works
“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of the street;
A certificate of the Director-General stating that he is of the opinion that such owners, person, body of persons, society, firm or company named in the 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 that private street.[29