Public Health
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 that an unreasonable delay in remedying the defective state would arise by following the procedure in the Public Health Act concerning 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 stating an intention 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 expenses, the court shall inquire whether the District Council was justified in concluding that the premises were in a defective state and that unreasonable delay would have ensued by following the procedures outlined in the Public Health Act.
The court may also inquire into what expenses ought to be borne wholly or in part by some persons other than the defendant. It may make orders concerning expenses and their apportionments as it sees fit. However, 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 neighbourhood, the District Council may require the owner to execute works of repair and restoration, or, if the owner elects, take steps for demolishing the building or structure and removing any rubbish 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, and that, by reason thereof, the site is in such a condition as to be seriously detrimental to the amenities of the neighbourhood, the District Council may, by notice, require the owner of the site or land to take steps for removing the rubbish or material necessary in the interest of amenity.
The provisions of the Public Health Acts apply in relation to the 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 and, upon summary conviction, may be liable to a fine not exceeding level 4. The District Council may recover the expenses incurred by it in carrying out the relevant works, and a daily fine may be imposed. However, the matter may be suspended during the course of an appeal.
A District Council may create bye-laws regulating pleasure fairs. These bye-laws may regulate hours of opening, means of ingress and access, prevention of nuisance, preservation of sanitary conditions, cleanliness, and public safety.
They may also provide for the prevention of outbreaks of fire that may endanger stalls, structures, stands, or caravans used in connection with sleeping accommodation at a public fair and for the reduction of the risks of fire.
Contravention of the bye-law is an offence, subject on summary conviction to a fine at level 4 on the standard scale with the possibility of a continuing offence.
A pleasure fair means any place other than the place for which an entertainments license is in force, which is used wholly or mainly for providing any entertainment of the types listed below. This covers circuses; exhibitions of human beings or performing animals; merry-go-rounds, swings; shooting galleries; bowling alleys; roller skating rinks; dodgems; automatic machines for entertainment; and anything similar.
The Department shall not confirm bye-laws unless satisfied that bodies representative of the interests of those who carry on pleasure fairs and entertainments have been consulted.
Bye-laws may be made in relation to seaside pleasure boats. For the purpose of preventing danger, obstruction, or annoyance to persons bathing in the sea or using the seashore, a District Council may make bye-laws regulating the speed of pleasure boats, regulating the use of pleasure boats to prevent their navigation in a dangerous manner or without due care and attention or without reasonable consideration for others, or requiring the use of effective silencers on pleasure boats propelled by internal combustion engines.
Breach of the bye-laws is an offence similar to the scale mentioned above.
A bye-law under the legislation shall have effect not only within the district of the council but also within parts of the district that are bounded or are seaward of the high-water mark of mean tides, as respects an area of the sea which is outside the district within 1,000 meters seaward of any place within its district.
For the purpose of performing its functions under the Public Health Acts, a District Council may serve a notice on the occupier of land or any person directly or indirectly in receipt of rents, requiring them to state in writing the nature of their ownership rights in the land.
A person who fails, without reasonable excuse, to comply with the requirements or gives false or misleading information is guilty of an offence and, upon summary conviction, may be subject to a fine not exceeding level 3 on the standard scale.
A burial ground under the Public Health Act may appropriate for the purpose of exclusive rights of burial the whole or any part of the burial ground as decided by the board.