31. Notice on person causing private street to be in a dangerous or defective condition
Feedback & supportThe Director-General may in any case where he is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition by notice require him not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Director-General.
The Director-General may, by order in writing, require any person who has been served with the notice to deposit with him such sum as may be required for causing the street to be properly repaired.
street
“street” includes any road, square, footway or passage, whether a thoroughfare or not, over which the public has a right of way, and also the way over any public bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public has a right of way thereover or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of the street;
The Director-General shall in making an order under subsection (2) have regard to the cost and expense that would have to be incurred if he should cause the work to be done.
If any such notice is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both, and to a further fine not exceeding $100 for every day during which the notice was not complied with; and shall also be liable to a fine not exceeding $100 for every day during which the contravention of subsection (1) continues after conviction.
The certificate of the Director-General stating that he is of the opinion that the owner, person, body of persons, society, firm or company named in the certificate is responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purposes of any prosecution under this section.[30
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;