not exceeding ten pounds for every day while such building roof chimney fireplace: furnace or tent continue so constructed or standing or continues so as unlawfully altered repaired renewed or enclosed or while (if the case be so) the same shall after- the expiration of the said twenty- eight days be used kept continued or suffered to remain as aforesaidBUILDINGS &C. HERETOFORE UNLAWFULLY : CONSTRUCTED. 3. If any building roof fireplace furnace' or chimney shall before the coming into operation of thissubdi vision have been constructed or any fireplace furnace or chimney enclosed or left unenclosed . in violation of any law or bye-law theretofore in force in the borough it shall be lawful for the council to give notice to the owner or occupier thereof respective^ to remove br to alter or enclose so as to conform to any regulation in force in that behalf under this subdivision such building roof fireplace furnace or chimney and such owner or occupier shall remove or in manner aforesaid alter or enclose the same? within twenty-eight days after the service of such notice upon him and if such owner or % occupier neglect or refuse within twenty-eight days, after such notice so served to remove or in manner aforesaid to alter or enclosesuch building roof fireplace furnace or chimney he shall forfeit a sum not exceeding ten pounds and a further sum not exceeding forty shillings for every day during which the same continued or if the? case be so continues so unaltered or unenclosed after the expiration of fourteen days from the time when he may first be convicted of any such. offence under this section. BUILDINGS &C. HERETOFORE IMPROPERLY CONSTRUCTED BUT WITHOUT VIOLATION OF LAW. 4. If any chimney shall have been commenced or constructed before the coming into operation of this subdivision and shall be of other height thickness construction or materials or enclosed otherwise than respectively required by or left unenclosed contrary to the tenor of any regulation in force under this subdivision but shall have been so constructed enclosed or left unenclosed without violation of law and if the proper officer of the council upon inspection had (which inspection any ratepayer may upon payment of five shillings demand and require) shall deem that such chimney by reason of want of proper height thickness or enclosure or by reason of its being constructed of inflammable . materials causes reasonable danger of fire to any building or causes a nuisance through. not properly carrying up the smoke it shall be lawful for guch officer to give notice to the. owner and occupier of the premises in which ' such chimney is forthwith to take down or alter or enclose such chimney as the case may require for prevention of such danger or nuisance and if such owner or occupier do not within seven days after such notice comply with the same then any two justices if they are satisfied that for the reasons aforesaid such chimney causes such danger or nuisance may order the same to be removed altered or enclosed as they may see fit by the said officer and reasonable compensation shall be paid out of the borough fund, to all persons who shall be put to expense or suffer damage in complying with any such notice or through the execution of such order. (2.) RUINOUS OR DANGEROUS BUILDINGS &c. NOTICE TO OWNER ETC. OF RUINOUS BUILDING. 5. If any building or wall or anything affixed thereon be deemed byithe proper officer of the council to be in a ruinous state and dangerous to passengers or to the occupiers thereof or of the neighboring buildings .such officer shall immediately' cause a prober board or fence and if he shall deem it necessary props to be put np for the protection of passengers and of such occupiers and shall also it he shall deem it necessary cause the neighbouring, buildings to be properly shored up and shall cause notice, in writing to be given to the owner cf such building or wall if he be known and resident within the borough and shall also cause such notice to be put on the door or other conspicuous part of the said premises or otherwise to^be given to the occupier thereof (if any) requiring such owner or occupier forthwith to take down secure or repair such building wall or other thing as the case may require. '. •. - JUSTICES MAY LIMIT T'tMe FOR REMOVAL "REPAIR ETC; AND IN DEFAULT ETC. COUNCIL MAY DO ACT. 6. If such owner- or occupier do not begin to take down repair or secure such building wall or other thing within the space of three days after such notice shall have been given or put up as aforesaid and complete such taking down repairs or securing as speedily as the nature of the case will admit such officer may make complaint thereof --to twojusticesand it shall be lawful for such justices to order the o wrier or in his default the* occupier (if any) of. such building wall or other thing to take down rebuild repair or otherwise secure to the satisfaction of such' offieep; the- same or such part thereof as appears to .them *to be in a dangerous state within a time to be fixed -by such justices and in case the same be not taken down rebuilt repaired or otherwise secured within the time so limited or if. no owner or occupier can be found on whom to serve such order the council shall with.jtll convenient speed cause all or. so much of such building wall or other thing as shall, be in -a ruinous- condition and 'dangerous as aforesaid to be taken down rebuilt repaired or otherwise secured in such manner as shall be, requisite and all the expenses of putting up* every such-hoard fence arid props and of shoring. up such. buildings and of taking down rebuilding repairing or. seguring such building wall or' other, thing shall be .paid by the owner thereof and any two justices' may. order such payment. MATERIALS MAY BE SOLD. : ; jft If any jsuch building or wall as aforesaid or any part of the same be pulled down by virtue of the powers aforesaid the'^council may sell the materials thereof or so much of the same as shall be pulled down and apply the~prbceeds of such sale in payment of the expenses incurred-. in, respect of. such building or wall and the council shall. Restore any overplus i arising from such sale to the o where of the building or wall on demand. LAND MAY BE TAKEN AND SOLD IN CERTAIN CASES. , SrJ&.%f such ,, owner- -cannot* be, found within the borough or'sufficient distress of his Igoods and ! chattels i witbihiihe borough cannot be made and the said expenses or any part, thereof Remain unpaid' the council after giving twenty-eight days n btice r of their intention to do sboby posting a notice- in --'a-- conspicuous place* on such, building^or wall or on the land whereon building or wall stood may tajke such building; i >oriJandJiprovidedCtfiat inch iexpenses or so . ihuch as remains due be not paidj or tendered tothem within the said twenty-eight days* makirig^coih- . petfsation^o.tiiepo^ .land: in- - the^m^nrier provided.* -hy '^ATh9. Lands Clauses Consolidation, Act* 1863" in tbe case of lands taken otherr , f'7.."'t; '}■<' "•''r ■/-•'*'':""•"••"> S'SrSf '.-**--••----,'--•■- --^■~-
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https://paperspast.natlib.govt.nz/newspapers/CL18750225.2.21.4
Bibliographic details
Clutha Leader, Volume I, Issue 33, 25 February 1875, Page 7
Word Count
1,215Page 7 Advertisements Column 4 Clutha Leader, Volume I, Issue 33, 25 February 1875, Page 7
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