Malaysia legislation
Section 15
Section 15
Acquisition of whole building if part rendered useless
(a)
the developer;
(b)
the frontagers of such street; or
(c)
any other person who, in the opinion of the local authority, was responsible for causing the street to be in a dangerous or defective condition, to cause such street to be properly repaired and amended within such time as may be prescribed in such notice and may in such notice specify the date before which such work shall be commenced.
Street, Drainage and Building 35
(2)
If any frontager or developer or any other person fails to comply with the requirements of such notice, the local authority may itself cause the work to be done and such frontager or such other person shall pay to the local authority the cost and expense thereof as apportioned by the local authority:
Provided that if such frontager or developer or such other person fails to commence such work before the date specified under subsection (1), the local authority may in its discretion, notwithstanding that the period stated in the notice for the completion of the work has not yet expired, itself cause the work to be done and recover the cost and expense thereof in the manner hereinafter provided.
(3)
If any frontager or developer or any other person is dissatisfied with the apportionment of costs, he may within one month from the date of receipt of the notice appeal to the State Authority whose decision thereon shall be final and shall not be subject to any appeal in any court.
(4)
Notwithstanding subsections (1) and (2), the local authority may, in its discretion, and so far as the funds at its disposal will admit, execute at its own expense street works on any private street or any part thereof as may be deemed 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 local authority shall not affect the liability of such frontagers or developers or any other persons under subsections (1) and (2).
(5)
A certificate of the local authority stating that it is of the opinion that such person named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be prima facie evidence of such facts for the purpose of any proceedings for the recovery of the cost and expense of repairing such private street.
(6)
For the purpose of this section “developer” means the developer of lands belonging to persons who would be the frontagers.
36 Laws of Malaysia ACT 133
Notice on person causing private street to be in a dangerous or defective condition