Malaysia legislation
Section 99
Section 99
(1)
Where, in the opinion of the local authority, a nuisance exists in respects of premises which, in its opinion, are so dilapidated or so defectively constructed or so situated that repairs to or alterations of the premises are not likely to remove the nuisance, the local authority may apply to the Court of a Magistrate of the First Class for a demolition order; and on the Court being satisfied that such nuisance exists, and that repairs to or alterations of the premises are not likely to remove the nuisance, the Court may order the owner thereof to commence to demolish the premises on or before a specified day, being at least one month after the date of the making of the order, and to complete the demolition and to remove the materials which comprised the premises from the site before another specified day, being at least one month after such first mentioned day:
Provided that before any demolition order is made, notice of the application for the order shall be served on the owner of the premises who may attend and give evidence at the hearing of the application by the Court.
(2)
The Court shall give notice to the occupier of premises in respect of which a demolition order has been made requiring him to move from the premises within a time to
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be specified in the notice, and if any person fails to comply with such a notice or enters the premises to which such an order relates without lawful excuse after the date specified in the order, he shall be guilty of an offence.
(3)
If any person fails to comply with a demolition order he shall be guilty of an offence, and the local authority may cause the premises to be demolished and may recover from him the expense incurred in doing so after deducting the net proceeds of the sale of the materials, which the local authority may sell by auction.
(4)
No compensation shall be payable by the local authority to the owner or occupier of any premises in respect of the demolition thereof under this section, and from the date of the demolition order no rent shall be payable by the occupier in respect of such premises.
Examination of premises.