Unsuitable material for fillings

(1) Where it appears to any medical officer of health that any owner or occupier of any swamp-land, low lying lot, open ditch or other place has used, is using, or is about to use such material for the filling-in of such swamp-land, low lying lot, open ditch or other place, as is calculated immediately or in the future by decomposition or otherwise to affect injuriously or endanger the health of any person, such medical officer of health shall give notice to the owner or occupier to remove or otherwise dispose of the material already deposited and to desist from depositing any such material. (2) If the person to whom notice is given fails to comply therewith, any magistrate may summon such person to appear before him to show cause why an order should not be made for the removal of material already deposited and the prohibition of the use of such material for filling-in, and may after hearing the parties, or ex parte should they or any of them fail to 85 appear, make an order for the removal of material already deposited stating by whom such material shall be removed and at whose cost.