197Special provisions relating to nuisances

197 Special provisions relating to nuisances (1) This section applies if an improvement notice or a prohibition notice is issued in respect of a nuisance. (2) The Council may cause a complaint to be made to the Magistrates' Court if— (a) the person on whom the improvement notice or prohibition notice is served does not comply with it; or (b) in the opinion of the Council the nuisance to which the improvement notice or prohibition notice applies, although abated, is likely to recur. (3) The Magistrates' Court may summon the person to appear before the Magistrates' Court. (4) If the Magistrates' Court is satisfied that the nuisance exists or is likely to recur, the Magistrates' Court must order that person to do either or both of the following— (a) comply with the improvement notice or prohibition notice; (b) carry out works to prevent the recurrence of the nuisance. (5) If an order has been made under subsection (4), the Council may— (a) enter the land to which the order relates and abate the nuisance and do whatever is necessary to execute the order; and (b) recover the costs and expenses incurred by it from the person on whom the order is made. (6) If the person on whom the order is made is the owner of the relevant land for the time being, the costs and expenses may at any time be recovered by the Council in a court of competent jurisdiction, after demand from the occupier of the relevant land for the time being, from the rent, to the extent of the amount of rent due, at the time of demand, from the occupier to the owner. (7) A person who fails to comply with an order under subsection (4) is guilty of an offence unless the person satisfies the Magistrates' Court that the person has, in seeking to comply with the order, exercised due diligence. Pt 10 Div. 2A (Heading and ss 197A–197G) inserted by No. 39/2024 s. 104.