← belizelaw.ai · Housing And Town Planning, Cap. 182 · PART II — Powers, Functions, etc., of Central Authority
Powers of Central Authority as to ruinous or dilapidated buildings
Cap. 182, s. 13 · Revised Edition 2020
(1) Whenever any building normally occupied as a dwelling is, in the opinion of the Central Authority, ruinous or so dilapidated as to have become unfit for human habitation or a nuisance or injurious or likely to be injurious to health, the Central Authority may, with the approval of the Minister, give notice in writing to the owner requiring him forthwith to take down, secure, repair or rebuild it to the satisfaction of the Central Authority within a time to be specified in the notice.
(2) If the owner fails to comply with the requirements of the notice within the time specified therein, the Central Authority or any person authorised in writing by the Chairperson of the Central Authority may make complaint thereof before the magistrate and the magistrate may order the owner to carry out the requirements of the notice within a time fixed by him in his order.
(3) If such order is not complied with within the time fixed therein, the owner commits an offence and is liable on summary conviction to a fine not exceeding one hundred dollars and to a further fine not exceeding ten dollars for every day during the continuance of such non-compliance, and the Central Authority may, without prejudice to their right to institute a prosecution, with all convenient speed, enter upon the building or upon the ground on which it stands and execute the order.
(4) When the order directs the taking down of a building,
the Central Authority, in executing the order, may remove the materials to a convenient place, and, unless the expenses incurred by the Central Authority in relation to such building are paid to them within fourteen days after such removal, sell it or any part thereof as and if they in their discretion think fit.
(5) All expenses incurred by the Central Authority under this section in relation to a building may be deducted by the Central Authority out of the proceeds of the sale, and the surplus, if any, shall be paid by the Central Authority to the owner of the building on demand and upon proof of title, or the Central Authority may, if they think fit, pay such surplus into the Supreme Court to an account to be entitled,
“In the matter of the Housing and Town Planning Act and of the premises (describing them) the materials of which were sold under the provisions of the said Act”,
and a judge may, on the petition of any person entitled or claiming to be entitled to such moneys or any part thereof,
make an order for the payment of the same or any part thereof to the person or persons entitled thereto.
(6) If the building is not taken down and such materials are not sold by the Central Authority, or if the proceeds of such sale are insufficient to defray the said expenses, the Central Authority may recover such expenses or such insufficiency from the owner of the building together with full costs in respect thereof in a summary manner, but without prejudice to his right to recover them from any lessee or other person liable for the expenses of repairs.
(7) In connection with the exercise by the Central Authority of the powers conferred by this section in relation to a building within the area of a local authority, the following provisions shall have effect, namely,
(a) the Central Authority shall, in deciding to issue a notice under subsection (1) of this section or in deciding whether any such notice has been satisfactorily complied with,
take into consideration any report on the building submitted by the chief health or engineering adviser of the local authority;
and
(b) the Central Authority shall notify the local authority of the dates of the meetings at which any such decisions as are mentioned in paragraph (a) of this subsection, will be considered by the Central Authority and thereupon the local authority shall have the right to delegate three of its members to attend such meetings, or any of them, for the purpose of considering such decisions and expressing their views thereon.
(8) In this section, the term “building” includes a part of a
Amended by: 17 of 1968
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