On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/09/1995.
24.
—(1) Where any private street or any part thereof is in a defective condition, and if the Authority is satisfied that the safety of the public requires that action should be taken, the Authority may, by order require —
(a)
the owners of all premises abutting on the street and having access or right of access thereto from those premises; or
(b)
any person who, in the opinion of the Authority, was responsible for causing the street to be in a dangerous or defective condition,
to execute such work and make such provision as may be necessary to remedy the defect within such time as is stated in the order and may in the order specify the date before which the work shall be commenced.
(2) If any person to whom an order under subsection (1) is addressed fails to comply with the requirements of the order —
(a)
the Authority may execute the order in such manner as it thinks fit to repair the defect to remove any immediate danger; and
(b)
such person shall pay to the Authority the costs and expenses of the repair in such proportions as are settled by the Authority.
(3) Where any person to whom an order under subsection (1) is addressed fails to commence the work before the date specified in the order, the Authority may, in its discretion, notwithstanding that the period stated in the order for the completion of the work has not yet expired, itself cause the work to be done and recover from such person the costs and expenses of the work or such proportions of the costs and expenses as are settled by the Authority.
(4) If any person who is liable to pay costs and expenses under subsection (2) or (3) is dissatisfied with the Authority’s apportionment of costs and expenses, he may appeal to the Minister whose decision shall be final.
(5) Notwithstanding subsections (1), (2) and (3), the Authority may, in its discretion, execute street works on any private street or any part thereof as may be considered necessary for the public safety, except that the execution of such street works by the Authority shall not affect the liability of any person under subsection (1), (2) or (3).
(6) A certificate of the Authority stating that it is of the opinion that such person or persons named in the certificate was or were responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any proceedings for the recovery of the costs and expenses of the repairing of that private street.
25.
—(1) The Authority may, in any case where it is of the opinion that any person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition, by notice require such person not to make further use of the private street for the purpose of transporting any matter, material or thing until such deposit as may be required under subsection (2) has been made with the Authority.
(2) The Authority may, by order in writing, require any person who has been served with a notice under subsection (1) to deposit with the Authority such sum as may be required for causing the street to be properly repaired.
(3) The Authority shall, in making an order under subsection (2), have regard to the costs and expenses that would have to be incurred if it should cause the work to be done.
(4) If a notice under subsection (1) is not complied with, the person who has been served with the notice shall be guilty of an offence and shall be liable on conviction —
(a)
to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both;
(b)
to a further fine not exceeding $500 for every day during which the notice was not complied with; and
(c)
to a further fine not exceeding $500 for every day during which the contravention of subsection (1) continues after conviction.
(5) The certificate of the Authority stating that it is of the opinion that the person named in the certificate is responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be conclusive evidence for the purpose of any prosecution under this section.