Power of city municipal councils to order demolition of buildings unfit for human habitation.

Power of city municipal councils to order demolition of buildings unfit for human habitation. (1) Where a city municipal council upon any information in its possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit it shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. (2) If any of the persons upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the municipal council and gives an undertaking to it that such person shall, within a period specified by the municipal council, execute such work of improvement in relation to the building as will, in the opinion of the municipal council, render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the municipal council on being satisfied that it has been rendered fit for that purpose, cancels the undertaking, the municipal council shall not make an order of demolition of the building. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period, or the building is at any time used in contravention of the terms of the undertaking, the municipal council shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks after the expiration of that period. (4) In determining for the purposes of section 230 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say,— (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter; and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters, that it is not reasonably suitable for occupation in that condition. (5) For the purposes of section 230 and this section, “work of improvement” in relation to a building includes any one or more of the following works, namely:— (a) necessary repairs; (b) structural alterations; (c) provision of light points and water taps; (d) construction of drains, open or covered; (e) provision of latrines and urinals; (f) provision of additional or improved fixtures and fittings; (g) opening up or paving of courtyard; (h) removal of rubbish, filth and other polluted and obnoxious matter; (i) any other work including the demolition of any building or any part thereof which, in the opinion of the municipal council, is necessary for executing any of the works specified above.