2680GOVERNMENT GAZETTE, WA 26 May 2017

2680 GOVERNMENT GAZETTE, WA 26 May 2017 (4) An owner or occupier who installs and maintains a verge treatment shall— (a) be responsible for all or any damage or injury caused to any person or thing, including any street, pavement, footpath or crossing of any pipe or cable, and shall make good at such owner’s or occupier’s expense all such damage caused; (b) keep the verge treatment in good and tidy condition and ensure where the verge treatment is a garden or a lawn that no obstruction of any sort is caused to any footpath, pavement or street; (c) lay, install or pave a hard surface with an acceptable material only; (d) not place any obstruction on or around any verge treatment; and (e) not water or maintain a verge treatment in such a manner as to cause a nuisance or inconvenience to any other person and in particular any person using any street or footpath or access way adjoining the verge. (5) If an owner or occupier fails to install or maintain a verge treatment in accordance with clause 7.7(4), the local government may issue the owner or occupier with a notice requiring that person to make good any breach of clause 7.7(4). 7.8 Powers to carry out public works on verges (1) If the owner or occupier does not comply with a notice issued in accordance with clause 7.7(5), the local government may carry out any works to make good any breach of this local law, and the local government or any other authority empowered by law to dig up a street may, without being liable to compensate any person, dig up all or any part of a street and disturb any verge treatment placed thereon by an owner or occupier. (2) Where the local government or an authority empowered to do so under a written law disturbs a verge, the local government or the authority— (a) is not liable to compensate any person for that disturbance; (b) may backfill with sand, if necessary, any garden or lawn; and (c) is not liable to replace or restore any— (i) verge treatment and, in particular, any plant or any acceptable material or other hard surface; or (ii) sprinklers, pipes or other reticulation equipment. 7.9 Transitional (1) In this clause, repealed provisions means Part XIX of the City of Mandurah Consolidated Local Laws repealed by clause 1.4(a) which permitted certain types of verge treatments. (2) A verge treatment which— (a) was installed prior to the commencement day; and (b) on the commencement day is a type of verge treatment which was permitted under and complied with the repealed provisions, is to be taken to be a permissible verge treatment under this local law for so long as the verge treatment remains of the same type and continues to comply with the repealed provisions. Division 4—Property numbers 7.10 Assignment of street numbering (1) The local government or an authorised person shall assign a street number to each property in a street, thoroughfare or way in the district having regard to its policy on street numbering so as to ensure unambiguous and easy identification of every individual property. (2) The local government or an authorised person may from time to time assign another street number to a property instead of that which was previously assigned. 7.11 Street number to be displayed (1) The owner or occupier of each property must display and maintain the current street number assigned by the local government in a conspicuous place on the front of the building, letterbox, fence or gate adjacent to the street fronting the property. (2) A sign painted on the kerb adjacent to a property depicting the street number is satisfactory for the purposes of clause 7.11(1). 7.12 Location of number not to be misleading (1) A person shall not place or display the street number of the property in such a location as to cause confusion or be misleading. (2) A person shall not adopt, use or display a street number other than that street number assigned by the local government. (3) Where the location of a street number causes confusion or is misleading, or an unauthorised street number is being used or displayed on a property, the local government or an authorised person may serve notice in writing on the owner or occupier of the land specifying remedial action to be taken and the time within which action must be taken.