Recovery of expenses by removals by the Commissioner under sections 405, 413, 456 and 504

Infrastructure1955597 of 786 sections available21 chapters

Chapter XIX PROCEDURE.

Statutory text

(1) The expenses incurred by the Commissioner in effecting any removal under section 405 or sub-section (3) of section 413 or in the event of a written notice issued under section 406 or section 456 or 504 not being complied with under section 639, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
(2) But if the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof.
(3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit if perishable, forthwith and if other than perishable, as soon as conveniently may be after one month from the date of their removal whether the expenses of the removal have in the mean time been paid or not and the proceeds, if any, of the sale or other disposal, shall, after defraying therefrom the costs of the sale or other disposal, and if necessary of the removal, be paid to the credit of the Municipal fund, and shall be the property of the Corporation.

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