Section 8Part 3 — Nuisances
Service of abatement notices
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8. (1) The Chief Environmental Health Officer shall, if satisfied of the existence of a statutory nuisance, serve notice on the person through whose act, default or sufferance the nuisance arises or continues or, if such a person cannot be found, on the occupier or owner of the premises on which the nuisance arises requiring that person to abate the same within the time and date specified in the notice and to execute such works and do such things as may be necessary for that purpose, and if the Chief Environmental Health Officer thinks it desirable, specifying any works to be executed.
Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner.
Where the person causing the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the occupier or owner of the premises, the Chief Environmental Health Officer may request the officer for the time being in charge of the Government Department of public works to abate the nuisance.
Whoever has been served with a notice under subsection (1) and —
the nuisance arose from that person’s wilful act or default; or
that person makes default in complying with any of the requisitions of the notice within the time and date specified, commits an offence and is liable on conviction, to a fine of five hundred dollars for each offence and to a further fine of fifty dollars for each day during which the offence is continued after the date specified in the notice as provided in subsection (1), whether any nuisance order mentioned in section 9 is or is not made upon that person.