—(1) Where, in the opinion of the Commissioner —
any building or any common property or limited common property (whether or not an exterior feature) has not been kept or maintained in a state of good and serviceable repair or in a proper and clean condition; or
any exterior feature of a building has not been kept or maintained in such manner as to be securely fixed to the building and as will prevent any collapse of such exterior feature or its support,
the Commissioner may, by notice in writing, require such repairs, work or alteration to the building, exterior feature, common property or limited common property, as the case may be, as he thinks fit to be carried out.
(2) A notice under subsection (1) shall specify —
the manner in which the repairs, work or alteration specified in the notice is to be carried out;
the time within which the repairs, work or alteration shall commence;
the time within which the repairs, work or alteration shall be completed; and
that the repairs, work or alteration shall be carried out with due diligence to the satisfaction of the Commissioner.
(3) A notice under subsection (1) shall be made in respect of any building or any exterior feature thereof, any common property or limited common property, and shall be served —
on the owner of the building, common property or limited common property, as the case may be, or the person responsible for that exterior feature; or
where that owner is not known or cannot be found by reasonable inquiry, on every occupier of the building or, in the case of any common property or limited common property, on the persons —
on whose behalf the common property is or is to be managed; or
for whose exclusive benefit the limited common property is designated,
as the case may be.
(4) If a notice under subsection (1) is not complied with to his satisfaction, the Commissioner may —
carry out or cause to be carried out all or any of the repairs, work or alteration specified in that notice; and
recover all expenses reasonably incurred by him in the exercise of his powers under this section from the person in default.
(5) Without prejudice to the right of the Commissioner to exercise the powers under subsection (4), if any person on whom a notice under subsection (1) is served fails, without reasonable excuse, to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $25 for every day or part thereof during which the offence continues after conviction.
[BCPA (repealed), s. 4]