Section 30

the person on whom notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requirements thereof within the time specified; or

the nuisance, although abated since the service of the notice, is in the opinion of the local authority likely to recur on the same premises, on complaint by the local authority the Court hearing the complaint may make on such person a summary order, in this Ordinance referred to as a “nuisance order”.

Nuisance order

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 one 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.

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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: Penalty, a fine of one 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:

Penalty, a fine of one 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:

Penalty, a fine of one hundred ringgit a day during his disobedience to the order, 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