Waste & Nuisance
If it appears to a District Council that premises are in a defective state such as to be prejudicial to health or a nuisance, and an unreasonable delay in remedying the defective state would arise by following the procedure in the Public Health Act, in respect of statutory nuisances, it may serve on the person to whom it would have been appropriate to serve an abatement notice, a notice stating that the council intends to remedy the defective state and specifying the defects it intends to remedy.
Nine days after the service of the notice, the District Council may execute the works to remedy the defective state and recover the expenses reasonably incurred in doing so from the person on whom the notice was served. If within seven days, the person serves a counter notice that he intends to remedy the defects, the District Council shall take no action unless the person fails within a reasonable time to begin and execute the works.
In proceedings to recover the offence, the court shall inquire whether the District Council was justified in concluding the premises were in a defective state and that unreasonable delay would have ensued by following the Public Health Act procedures.
The court may inquire what expenses ought to be borne wholly or in part by some persons other than the defendant. It may make such orders concerning expenses and their apportionments as it sees fit. It may not order expenses against a person unless the court is satisfied that the other person had due notice of the proceedings and an opportunity to be heard.
If it appears to the District Council that a building or structure is ruinous or dilapidated and is seriously detrimental to the amenities of the neighborhood, the District Council may require the owner to execute such works of repair and restoration, or if he elects, take such steps for demolishing the building or structure and removing any rubbish as may be necessary in the interests of amenity.
If it appears to the District Council that rubbish or other material resulting from, or exposed by, the demolition of the building is lying on adjoining land or and that by reason thereof the site is in such a condition as to be seriously detrimental to the amenities of the neighborhood, the District Council may, by notice, require the owner of the site or land to take such steps for removing the rubbish or material as may be necessary in the interest of amenity.
The provisions of the Public Health Acts apply in relation to notices served. Notices are to indicate the nature of the works of repair or restoration and works of demolition and removal of rubbish. A person who fails to comply is guilty of an offence subject to summary conviction to a fine not exceeding level 4. District Council may recover the expences incurred by it in doing the relevant works. A daily fine may be imposed. The matter may be suspended during the course of an appeal.
Council may remove and obliterate any graffiti that is detrimental, in its opinion, to the amenity of land. It may remove placards or posters displayed in its district that are in contravention of advertisement regulations. The Council may serve a notice on any responsible person requiring removal or obliteration of the above.
If this is not done within 14 days, the council may undertake the works and recover the cost. This does not apply where the person on whom a notice is served satisfies the council that the notice, placard, poster was displayed without his knowledge.
The legislation does not authorize removal or obliteration of graffiti, placard, or poster where there is no public access.
A person authorized by the council may enter and for the purpose of exercising the function if it is unoccupied and it would be impossible to exercise the power without entering the land, the above provision applies to removal and obliteration by the council, not by the occupier.
Advertising regulations refer to regulations made under the planning legislation.
The council may enter into agreements with persons for the display of advertisements on any land, vehicles, or movable property owned by the council.
In addition to provisions in relation to waste, there are certain provisions relating to abandoned motor vehicles. A person who, without lawful authority, abandons on any land in the open air or any land forming part of a road, a motor vehicle or anything forming part of it, which was removed in the course of dismantling it, is guilty of an offence.
It is subject, on summary conviction, to a fine up to level 5 on the standard scale. A person who leaves a vehicle or thing which forms part of a vehicle in circumstances or for such a period that he may reasonably be assumed to have abandoned it shall be deemed to have abandoned it there until the contrary is shown.
If it appears to a District Council that a motor vehicle in its district is abandoned without lawful authority, it may remove the vehicle. If the vehicle is on private ground, it is to serve a notice on the occupier that it proposes to do it within a prescribed period. The person served may object to the proposal. The council may affix a notice stating that it proposes to remove and destroy a vehicle.
Councils may dispose of removed vehicles if no licence is displayed at the time of its removal. It may be destroyed immediately in the case of a vehicle in which a notice was affixed and for which a current licence is displayed. It may be destroyed after the licence ceases to be in force.
In other cases, at any time after the council has taken reasonable steps to find a person appearing to be its owner and has failed to do so, or he has failed to comply with a notice served on him requiring him to remove the vehicle.
District Council, which has disposed of the vehicle, is to give details of the disposal to a person who appears to have been the owner. If before the vehicle is disposed to the person pays any expences incurred in the removal, the council shall permit him to remove the vehicle from its custody within the period as may be prescribed. If the vehicle is sold, any excess monies recovered may be repaid to the owner of the vehicle.
District Councils may recover from any person responsible expenses reasonably incurred in respect of the removal, storage, and disposal of a vehicle.