CHAPTER
253
OUT ISLANDS DILAPIDATED BUILDINGS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Illegal to allow buildings to be dilapidated,
etc. |
Peace officer to report violations of this Act. |
Minister to require owner to reinstate, etc.,
buildings. |
Procedure on prosecution. |
Justice may make an order in addition to any
penalty which may be imposed. |
Procedure in the absence of the owner. |
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SCHEDULE. |
CHAPTER 253 |
OUT ISLANDS
DILAPIDATED BUILDINGS |
An Act
relating to dilapidated buildings in the Out Islands. | 11 of 1952
7 of 1954
G.N. 7(29)/1964
E.L.A.O., 1974
5 of 1987 |
[Commencement 21st
July, 1952] |
1. This Act may be cited as the Out Islands Dilapidated
Buildings Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"building"
includes part of a building; |
"commissioner"
means the commissioner in charge of the district in which a settlement is
situate; |
"Minister"
means the Minister responsible for Public Works; |
"owner"
includes agent or occupier; |
"settlement"
means any place mentioned in the Schedule to this Act. |
3. (1) It shall not be lawful to permit any building in
a settlement to be- | Illegal to allow buildings to be dilapidated, etc. |
(a) in a
ruinous or dilapidated condition; |
(b) in such
condition as to be a source of danger to the houses or people in the
neighbourhood, or to life or property generally; |
(c) in such a
state of repair as to be unsightly or a nuisance; |
(d) unfit for
human habitation if used or constructed for that purpose. |
(2)
Any person contravening the provisions of subsection (1) of this section shall
be liable to a penalty of one hundred dollars. |
4. It shall be the duty of every peace officer from
time to time to ascertain and report to the Minister all violations of
subsection (1) of section 3 of this Act, and for the proper execution of such
duty, it shall be lawful for him to enter any building and to remain there for
such reasonable time as may be necessary for the performance of the duties
imposed upon him. | Peace officer to report violations of this Act. |
5. (1) If upon receipt of a report from a peace officer
the Minister is satisfied that the provisions of subsection (1) of section 3 of
this Act have been violated the Minister shall require the owner to comply with
the said provisions or to pull down any such buildings or to effect the
necessary repairs so that any such violations shall no longer exist within such
reasonable time, not being less than fourteen days, as may be determined by the
Minister, and upon compliance with the requisition of the Minister no further
proceedings shall be taken. | Minister to require owner to reinstate etc.,
buildings. |
(2) If the
requisition of the Minister, referred to in subsection (1) of this section,
shall not be complied with, the Minister shall cause proceedings to be taken in
accordance with this Act. |
6. Any owner or person committing an offence against
this Act shall be prosecuted summarily by the Minister, or some person
authorised in writing by the Minister before a circuit justice. | Procedure on prosecution. |
7. (1) Upon the conviction of any person for any
offence under this Act the circuit justice may, in addition to or in lieu of
any penalty which may be imposed under this Act, make such order as the
circumstances of the case may require. | Justice may make an order in addition to any penalty
which may be imposed. |
(2) Any such order
shall state a time, not being less than fourteen days, within which such order
shall be complied with. |
(3) If any person
fails to comply with any order made under subsection (1) of this section the
Minister may, by his servants, enter upon the premises in respect of which such
order has been made and carry out the terms of the order, and the owner shall
be liable civilly in an action by the Minister for all expenses incurred in
carrying out the terms of the said order. |
8. (1) In the event of there being no known owner of
any building, coming within the provisions of subsection (1) of section 3 of
this Act, the Minister shall cause a notice to be affixed to the building and
to be published in one or more newspapers of The Bahamas, requiring the owner
to remove, pull down or put the same in complete repair within sixty days from
the date of such publication; and if at the expiration of such sixty days the
building shall not have been removed, pulled down or repaired, the Minister or
any person authorised in writing by the Minister, shall apply to a circuit
justice for an order authorising the Minister to remove or pull down the said
building after the expiration of sixty days from the date of such order and that
such building, and, if necessary, the land on which the same is situate, be
sold at public auction by the commissioner to defray any expenses incurred and
fixing the date of any such auction which shall in no case be sooner than sixty
days after the date of the order. | Procedure in the absence of the owner. |
(2) The
commissioner shall give title to the purchaser of any such building or land
sold, and such title shall be as valid and binding as any title authorised to
be given by the Provost Marshal of any property sold by order of the Supreme Court. |
(3) Any money
which may accrue from the sale of any such building or land over and above the
amount of expenses incurred shall be deposited in the Treasury for payment to
the person legally entitled thereto. |
9. (1) An appeal shall lie to the Supreme Court from
any decision or order of a circuit justice under subsection (1) of section 7 of
this Act: | Appeal. |
Provided that no
such appeal shall be instituted later than twenty-eight days after the date
upon which the circuit justice made his decision or order. |
(2) An appeal
shall lie to the Supreme Court from any decision or order of a circuit justice
under subsection (1) of section 8 of this Act: |
Provided that no
such appeal shall be instituted later than thirty days after the date upon
which the magistrate made his decision or order. |
(3) When an appeal
has been instituted under subsection (1) or subsection (2) of this section the
execution of the decision or order which is the subject of the appeal shall be
stayed until the appeal shall have been determined. | Stay of execution. |
10. It shall be lawful for the Governor-General by
Order to add to or delete from the list of settlements in the Schedule to this
Act.[i]* | Power to vary Schedule. |
11. All expenses incurred in carrying out the
provisions of this Act, except as in this Act otherwise provided, shall be paid
out of the Consolidated Fund by warrant in the usual manner. | Expenses. |
SCHEDULE (Sections 2 and 10) |
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Bimini
Dunmore Town, Harbour Island
Governor's Harbour, Eleuthera
West End, Grand Bahama[ii]*
Hope
Town, Abaco
Marsh Harbour, Abaco
Man-of-War Cay, Abaco
Spanish Wells
Fresh Creek, Andros
Palmetto Point, Eleuthera
Alice Town, Eleuthera
Gregory Town, Eleuthera
Rock Sound, Eleuthera
Tarpum Bay, Eleuthera
Matthew Town, Inagua.
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