← belizelaw.ai · Housing And Town Planning, Cap. 182 · PART III — Town and Country Planning, Land Development,
Power to enforce and carry into effect schemes
Cap. 182, s. 56 · Revised Edition 2020
(1) Subject to this section, the Central Authority may at any time,
(a) remove, pull down or alter, so as to bring into conformity with the provisions of the scheme, any building or other work which does not conform to those provisions, or the removal, demolition or alteration of which is necessary for carrying the scheme into effect,
or in the erection or carrying out of which any provision of the scheme has not been complied with;
(b) where any building or land is being used in such manner as to contravene any provision of the scheme, prohibit it from being so used;
(c) where any land has since the material date been put to any use which contravenes any provision of the scheme, reinstate the land;
(d) execute any work which it is the duty of any person to execute under the scheme in any case where delay in the execution of the work has occurred and the efficient operation of 56 the scheme has been or will be thereby prejudiced.
(2) Before taking any action under this section, the Central Authority shall serve a notice on the owner and on the occupier of the building or land in respect of which the action is proposed to be taken and on any other person who, in its opinion, may be affected thereby, specifying the nature of the action and the grounds upon which it proposes to take that action.
(3) The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall be not less than three months when any building is affected and in any other event not less than one month after the service of such notice and the Central Authority shall not do any act or thing in exercise of such power in relation to the building or land mentioned in the notice before the said date.
(4) If any person served with a notice under subsection (1) of this section, considers the period fixed by the notice to be insufficient or desires to dispute any allegation or matter contained therein, he may within twenty-eight days from the date on which he received the notice appeal to a judge by notice in writing in which he shall set forth the grounds of his
(5) The judge shall cause the appellant and the Central Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a summary manner, and for that purpose to examine such parties or any of them and their witnesses.
(6) If on any appeal under this section, the judge is satisfied that the Central Authority is entitled to take the proposed action on the grounds specified in the notice, he shall dismiss the appeal and shall by his order empower the Central Authority, after the expiration of such period as he may decide,
to remove, pull down, or alter the building or work, or reinstate the land or execute the required work, or, as the case may be,
shall by his order prohibit the building or land from being used in contravention of the scheme after the period aforesaid, but,
if he is not so satisfied, he shall allow the appeal.
(7) The judge shall allow such costs as he may think fit.
(8) Every person who uses any building or land in a manner prohibited under this section, or obstructs or interferes with the exercise by the Central Authority of any power vested in him shall in addition to any civil liability, commit an offence and be liable, on summary conviction, to a fine not exceeding one hundred dollars.
Amended by: 40 of 1963
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