Section 10
Section 10
(a)
to abstain from commencing or proceeding with the erection of such building;
(b)
to demolish such building within such time as the local authority may specify; and
(c)
to take steps as may be ordered by the local authority.
(2)
Where the owner is unable to demolish such building within the time specified in the notice, the owner may request the local authority to carry out the requirements of the notice.
(3)
No request by the owner made under subsection (2) shall absolve the owner from his liability under this section unless he makes the request within the time specified for him to demolish such building and unless within the same period of time he—
(a)
deposits with the local authority such sum which the local authority thinks is sufficient to cover the costs and expenses of—
(i)
demolishing such building;
(ii)
removal of any movable property found in such building;
(iii)
storage of such movable property; and
(iv)
any other activities incidental to or arising out of sub-paragraphs (i), (ii) and (iii);
(b)
indemnifies and keeps indemnified the local authority against any claim, damage, loss, action or proceedings that may be brought against the local authority arising out of and incidental to paragraph (a); and
(c)
notwithstanding any sum paid under paragraph (a) pays the local authority a further sum which may be prescribed by the
Yang di-Pertua Negeri for relocation purposes.
(4)
Any person who fails to comply with the requirements of the notice shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit and, in the case of continuing offence, to a further fine of one thousand ringgit for every day during which the offence continues.
(5)
Where the owner fails to comply with the requirements of the notice, the local authority may do any or all of the acts required by the notice and notwithstanding the owner’s liability to pay any fine under subsection (4), the owner shall pay such sum to the local authority as may be required under subsection (3) and shall be deemed to have indemnified the local authority in carrying out the terms of the notice as if he had requested the local authority to do so.
Notice before demolition
(6)
Where the building is to be demolished by the local authority, it shall give at least thirty days’ notice to the occupants of the building requiring them to vacate the building and the local authority may after the lapse of the period enter the building and remove any person or movable property found therein.
(7)
Any movable property removed pursuant to subsection (6)
may be taken to a suitable place and there to remain at the risk of the owner and may within a period of one month from the date of the removal be claimed by any person who furnishes evidence to the satisfaction of the local authority that he is the owner and if there be no claim shall be disposed of in the manner specified in section 52.
(8)
A certificate by the local authority stating the sum required to be paid by the owner under subsections (2) and (5) shall be conclusive proof of the sums due and shall not be subject to any appeal or review in any court.