Section 28

any premises or part thereof of such a construction or in such a state as to be a nuisance or injurious or dangerous to health;

any well, pool, gutter, water-course, cistern, water closet, water sealed latrine, privy, urinal or drain so foul or in such a state or so situate as to be a nuisance or injurious or dangerous to health;

any building which—

is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, water sealed latrine, urinal or other nuisance; or

any huts or sheds, whether used as dwellings or as stables or for any other purpose, which are by reason of the manner in which the huts or sheds are crowded together or the want of drainage or the impracticability of scavenging or for any other reason a nuisance or injurious or dangerous to health;

any brick-field, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or used for any purpose likely to be injurious to health, shall be a nuisance liable to be dealt with summarily in accordance with sections 29, 30, 31 and 32.

Notice requiring abatement of nuisance 29.—

(1)

On receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Ordinance, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice and to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.

The local authority may also by the same or another notice served on such occupier, owner or person require him to do what is necessary for preventing the recurrence of the nuisance and, if the local authority thinks it desirable, specify any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance had for the time being abated if the local authority considers that it is likely to recur on the same premises.

Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner.

Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or owner of the premises, the local authority may cause the same to be abated and may do what is necessary to prevent the recurrence thereof.

Where a notice has been served on a person under this section and either—

A nuisance order may be an abatement order or a prohibition order or a closing order or a combination of such orders.

Abatement order

An abatement order may require a person to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order.

Prohibition order

A prohibition order may prohibit the recurrence of a nuisance.

When to specify works to be executed

An abatement order or prohibition order shall, if the person on whom the order is made so requires or the Court considers it desirable, specify the works to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance.

Closing order

A closing order may prohibit a dwelling house from being used for human habitation.

When to be made

A closing order shall only be made where it is proved to the satisfaction of the Court that by reason of a nuisance a dwelling house is unfit for human habitation, and, if such proof is given, the

Court shall make a closing order and may impose a fine of not less than five thousand ringgit and not exceeding fifteen thousand ringgit:

Provided that a closing order shall not be made unless a notice of the hearing of the complaint on which it is to be made has been posted on the premises in a conspicuous position with an intimation in such notice that any occupant of the premises may show cause against the making of such order.

Cancelling closing order

A Court, when satisfied that the dwelling house has been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order.

Penalty for not complying with order

Any person who fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance shall, unless he satisfies that Court that he has used all due diligence to carry out such order, be guilty of an offence and shall upon conviction, be liable to a fine of five hundred ringgit a day during his default.

Any person who knowingly and wilfully acts contrary to a prohibition order or closing order shall be guilty of an offence and shall upon conviction, be liable to a fine of five hundred ringgit a day during such contrary action.

In either of the cases mentioned in subsections (9) and

, the local authority or any person authorized by the local authority in writing in that behalf may enter the premises to which a nuisance order relates and abate or remove the nuisance and do whatever is necessary in the execution of such order and the expenses thereby incurred shall be paid by the person in default.

In case of nuisances caused by the act or default of the owner of premises, such expenses together with any costs and expenses which the Court orders such owner to pay shall be deemed to be expenses to which section 41 applies and shall be recoverable under the provisions of that section.

A Court making any order under this section may require any person on whom any order is made to pay all costs and expenses incurred in obtaining the order.

Ejectment after closing order

Where a closing order has been made with respect to any dwelling house, the local authority shall serve notice of the order on every occupier of the dwelling house and within such period as is specified in the notice not being less than seven days (except in case of immediate danger) after the service of the notice the order shall be obeyed by him and he and his family shall cease to inhabit the dwelling house, and in default he shall be guilty of an offence and shall upon conviction, be liable to a fine not less than ten thousand ringgit and not exceeding thirty thousand ringgit and, in the case of a continuing offence to shall also be liable for a further fine of one thousand ringgit for every day that the offence is continued after conviction, and the Court shall, upon application by the local authority, make a summary order for his ejectment and the same may be carried into effect by any police officer or officer or employee of the local authority authorized in writing by the local authority:

Expenses of removal

Provided that the owner shall make to every tenant whose tenancy has not been lawfully determined such reasonable allowance, if any, on account of his expenses in removing as the Court may allow or order, and such allowance shall be recovered in a summary way before the Court.

Order for demolition of house unfit for habitation 31.—

(1)

Where a closing order has been made in respect of any dwelling house and has not been cancelled by a subsequent order, the local authority, if of the opinion that—

The order may also contain a direction that the materials of the building or any part of such materials shall be destroyed.

Execution of order for demolition 32.—

(1)

Where an order for the demolition of a building has been made, the owner thereof shall, within the time mentioned in such order, take down and remove the building and, if the order for demolition so directs and to the extent therein mentioned, destroy the materials thereof.

If the owner fails to comply with the order, the local authority or any person authorized by the local authority in writing in that behalf shall proceed to take down and remove the building and, if necessary, destroy the materials, and may recover the costs of such work from the owner.

The provisions of section 41 shall apply to any sum recoverable from the owners under this section.