Shire of Kent Fencing Local Law 2023
Part 9NOTICES
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PART 9—NOTICES 9.1 Notice to remedy non-compliance Where any thing is required to be done or not permitted to be done by this local law, an authorised person may give written notice— (a) to the owner or the occupier of the property or property which abuts that portion of the thoroughfare where the thing has been done or not done; or (b) to any other person who may be responsible for the thing done or not done, requiring the person to comply with the requirements of this local law. 9.2 Notice requirements (1) Written notice given under this Part shall— (a) be in writing; (b) given to the person referred to in clause 9.1; (c) specify the reason for giving the notice; (d) the action that is required to be undertaken; and (e) the time within which the work or action is to be undertaken. (2) At the discretion of the local government, the action that may be required to be undertaken is— (a) to take or cease such action as may be required for compliance with this local law; (b) reinstate the property or thing to the state it was in before the removal, damage or interference; (c) replace that property or thing; or (d) pay for the costs of reinstatement or replacement. 9.3 Offence to fail to comply with notice A person who fails to comply with written notice given to him or her under this local law commits an offence. 9.4 Local government may undertake requirements of notice If a person fails to comply with written notice referred to in clause 9.1, the local government may— (a) do the thing specified in the notice, including replace the property, or reinstate the property to the state it was in before the removal, damage or interference; (b) take whatever remedial action it considers appropriate to put the local government in the position it would have been in if the breach or failure had not occurred; and (c) recover all costs from the person, as a debt. 9.5 Entry into private land This local law is subject to sections 3.25, 3.27 and schedules 3.1 and 3.2 of the Local Government PART 10—OBJECTIONS AND APPEALS 10.1 Objections and appeals Division 1 of Part 9 of the Act applies to a decision under this local law in respect of the grant, renewal, transfer, amendment or cancellation of a licence or consent. PART 11—ENFORCEMENT 11.1 Offences 11.2 General penalty A person who commits an offence under this local law is liable, on conviction, to a penalty not exceeding $5,000 and if the offence is of a continuing nature, to an additional penalty not exceeding $500 for each day or part of the day during which the offence has continued.