how determined. Regulations for new buildings, water courses, roofs, &c. Mode of notifying bution of any compensation for any lands or 13. The Surveyor with the sanction of the Governor, and subject to any instructions he may receive from him, may regulate 1. The level, width, and construction of new streets; 2. The structure of foundations and walls of new buildings for securing stability and preventing fire; 3. The spaces to be left unbuilt around buildings to secure free 4. The water courses of streets and the drainage of buildings; with thatch or other inflammable materials, to the effect that Such Regulations may be made either by general Rules and instructions publicly notified in such manner as may be fixed by Regulations; the Rules, or by the Governor until such Rules are made, or by particular instructions conveyed by the Surveyor to the persons concerned; Work contrary to Re And the Surveyor with the sanction and subject as aforesaid, and upon such notices as shall be fixed by the Rules or by the gulations may Governor until such Rules are made, may remove, alter, or pull down any work begun or done in contravention of any regulation or direction he may have given as aforesaid; be removed; What to be The fourth and fifth sub-sections of this section shall apply notwithstanding that any water course, or drain, or building affected thereby, has been made or erected before the place in which the same is situated was brought within the operation of this Ordinance. 14. For the purposes of this Ordinance, the re-erecting of any deemed a new building taken or fallen down to or below the top of the ground building. floor, or of any frame building of which only the framework is left down to the top of the ground floor, or the conversion into a dwelling house of any building not originally constructed for human habitation, shall be considered the erection of a new building. Ruinous or dangerous buildings, &c. to be taken down or secured. Dangerous Buildings. 15. If any building or wall or anything affixed thereon, within the limits to which this enactment at any time applies, is deemed by the Surveyor to be in a ruinous state and dangerous to passengers, or to the occupiers of such building, or neighbouring buildings, the Surveyor shall immediately take sufficient means by fencing or otherwise for the protection of passengers, and shall cause notice to be given to the owner of such building or wall, if he is known and resident in or within one day's journey from the town or place where such building or wall is situated, and also to the occupier, if any, requiring such owner or occupier forthwith to take down, secure, or repair such building, wall, or other thing, as the case shall require; and if such owner or occupier do not begin to repair, take down, secure, or repair such building, wall, or other thing, within four days after service of such notice, and complete the work as speedily as the nature of the case will admit, or if no owner or occupier is found, the Surveyor shall, subject to any order of the Governor, cause all, or so much of such building, wall, or other thing as shall be in a ruinous or dangerous condition, to be taken down, and may rebuild or repair the same; and all the expenses of protecting passengers, and of taking down, repairing, or rebuilding such building, wall, or other thing, shall be a debt due by the owner thereof, and be recoverable in like manner as any other debt may be recovered. 16. If no owner shall be found within the said limits, or appear Building may and pay such expense within six months after the completion of be sold for such repairs or rebuilding, the Surveyor may cause the building expenses. and the site thereof to be sold by public auction, and the price shall be applied in defraying the said expenses, and the balance, if any, paid over to the owner, if he shall establish his claim thereto within twelve months after the date of such sale, failing which, such balance shall be paid into the Treasury and become part of the public revenue. whom expenses may be 17. Where the Surveyor incurs expense in or about the removal Persons from or alteration of any work executed contrary to this Ordinance, or to any regulation or direction prescribed or given in pursuance of recovered. this Ordinance, he may, with the sanction of the Governor, recover the amount of such expense as a debt either from the person executing the work removed or altered, or from the person causing the work to be executed or failing to cause the required alteration to be made thereon, or from the occupier or owner of the premises. taken down may be sold; 18. Whenever any building or part thereof is pulled or taken Materials of down by virtue of any powers conferred by this Ordinance, the buildings Surveyor may sell the materials thereof, or so much of the same as shall be pulled down, and apply the proceeds of such sale in payment of the expenses incurred in respect of such building, and the balance, if any, shall be disposed of in the manner prescribed by section sixteen; Although the Surveyor sell such materials for the purposes Saving clause. aforesaid, he shall have the same remedies for compelling the payment of so much of the said expenses as may remain due after the application of the proceeds of such sale as are hereinbefore given to him for compelling the payment of the whole of the said expenses. Lots to be fenced; Penalty in default. Fences not to exceed six feet in height; Surveyor may reduce height of new fences upon notice. Maliciously injuring fences; penalty; Compensation for damage. Buildings not to be erected Enclosure of Town Lots. 19. Every occupier of any lot or parcel of land (within the limits to which this enactment at any time applies) or the owner thereof if unoccupied, shall fence such lot or parcel and maintain such fence in good repair to the satisfaction of the Surveyor, and every fence erected or renewed after the application of this enactment shall not exceed six feet in height, and all live fences shall be kept carefully cropt of all superfluous branches. If such occupier or owner shall make default in commencing to make or repair such fence after fourteen days' notice in that behalf from the Surveyor, or shall not complete such fence or the repairs thereof with as little delay as the nature of the work admits, every such offender shall incur a fine which may extend to ten shillings, and to two shillings for every day during which such default continues after conviction. 20. If any such fence shall be erected or raised, within the limits to which this Ordinance at any time applies, to a greater height than six feet, the person causing such fence to be so erected or raised, shall incur a fine not exceeding ten shillings and two shillings for every day during which such offence is continued beyond the said height after conviction; The Surveyor may, with the sanction of the Governor, and after fourteen days' notice to the occupier of the lot, or the owner thereof if unoccupied, or without notice in case no owner is found in, or within one day's journey from, the place or town where the lot is situated, cause any fence which, after the application of this enactment, shall be erected or raised to a greater height than six feet, to be taken down to that height, and may recover the expense of doing so in the manner provided by section seventeen. 21. Whoever shall wilfully or maliciously break down or injure any fence shall for each offence incur a fine which may extend to ten pounds; The Court imposing such fine may, if it thinks fit, direct the whole or any part thereof to be applied in compensating the occupier or owner sustaining damage by the act in respect of which the fine is imposed. Open Spaces. 22. No building shall be erected upon any open space which may be within the limits of any town or place to which this enacton open spaces ment at any time applies, without the written permission of the Governor's permission. Governor may declare open spaces. Governor. 23. It shall be lawful for the Governor to direct that any vacant ground around or adjacent to any town or place, to which this enactment at any time applies, of such extent and dimensions as he may consider advisable, shall be declared an open space; and no building shall be erected on such space without the written permission of the Governor. buildings 24. If any building shall be unlawfully erected on any such Removal of open space as aforesaid, the Surveyor may require the occupier or unlawfully owner to remove the same, and if he fails to commence doing so erected on within one week after being notified to do so, and thereafter to open spaces. complete the work as speedily as the nature of the work will admit, the Surveyor may then pull down or remove the building, and the expense of doing so may be recovered as a debt in the manner provided in section seventeen. Cleansing Streets, &c. Council may make Rules; Subject to Rules occupier or owner to clear foot *25. The Governor in Council may make Rules imposing on Governor in the occupiers of any premises the cleansing of footways and roadways adjoining such premises; Whilst such Rules are not made then in every town or place in which this enactment is applied, every occupier of any building, and every owner of any parcel of land whereupon no building is erected, or where the building thereon is unoccupied, shall keep ways, &c.; the footway and roadway bounding such building or land, to a distance of twelve feet from the boundary of such building or land, or to the centre line of the street if not at a greater distance than twelve feet from such boundary, clear of all loose dirt, weeds, grass, or other incumbrances, filling up all holes with stones, gravel, or other like materials; Every owner or occupier who shall make default in complying Penalty in with any Rule made as aforesaid, or with the provisions of this default. enactment, shall for each offence incur a penalty not exceeding ten shillings. make Rules 26. The Governor in Council may make Rules imposing on the Governor in occupiers of any premises the removal therefrom of soil, ashes, and Council may house refuse of whatever nature, at such intervals and to such for removal of receptacles or places as he thinks fit, and may also make Rules for house refuse; the prevention of the keeping of animals on any premises so as to be injurious to health; pliance with Whoever makes default in complying with any such Rule, or Penalty on wilfully obstructs any person acting under the authority thereof, non-comshall for each offence incur a penalty not exceeding ten shillings; Rules; The Surveyor, with the approval of the Governor, may provide Surveyor to in proper and convenient situations receptacles for the temporary provide redeposit and collection of dust, ashes, rubbish, or other refuse. ceptacles for temporary deposits. 27. The Governor in Council may make Rules imposing on the Governor in Chiefs, Captains, and inhabitants of any town or place the duty of Council may make Rules L. * Rule made 3rd April, 1883. C C open spaces; for clearing of clearing the open spaces within or around or adjacent to such town or place, or any of them, as often as may be necessary, from weeds, long grass, prickly pears, wild bush, and other vegetation, and from rubbish, and deposits of whatsoever nature; Penalty on non-com pliance with Rules. Whoever makes default in complying with any such Rule, shall incur a penalty not exceeding ten shillings, and a further penalty which may extend to two shillings a day during the continuance of such default. Obstructions and Nuisances in Streets, &c. 28. If any person commits any of the following offences, that is to say : (1) Throws or lays on any street, or lot or parcel of town land, or on any yard or garden, whether occupied or not, or on any place declared an open space under section twentythree of this Ordinance (except at such places as may be set apart by the Surveyor for such purpose) any carrion, filth, rubbish, or any offensive or unwholesome matter; -or (2) Keeps any pigstye to the front of any street not being shut *(3) Without the consent of the Surveyor, places or leaves any (5) Throws or discharges any stone or other missile in or into (6) In any street or place of public resort, or in any place within sight or hearing of the persons then being in such street or place disturbs the peace by quarrelling with any other person, or uses or applies to any other person then being in such street or place, or within sight or hearing thereof, any violent, scurrilous, or abusive term of reproach ;-or (7) In any street or place of public resort, or in any place within sight or hearing of the persons therein, shall, with intention of annoying or irritating any other person, sing any scurrilous or abusive song or words, whether any person be particularly addressed therein or not;-or Consent of Surveyor given by public notice of 4th August, 1891, for landing goods on the Marina under conditions: see Gazette for 1891, p. 387. † Regulations as to Carriages and Horses, made 25th June, 1888. |