Local Government Act 1976 [Act 171]

82 Notice requiring abatement of nuisance   cite [+]

(1) On the receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arose or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance exists, requiring him to abate the same within the time specified in the notice and to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.

(2) The local authority may also by the same or another notice serve on such occupier, owner or person requiring him to do what is necessary for preventing the recurrence of the nuisance and, if it thinks it desirable, specifying any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance had for the time being been abated if the local authority considers that it is likely to recur on the same premises.

(3) 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.

(4) Where the person causing the nuisance cannot be found the local authority may itself abate the same and may recover the expenses thereof from the owner.

(5) Where a notice has been served on a person and such person makes default in complying with any of the requirements of the notice within the time specified, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both and in addition the Magistrate's Court may issue a nuisance order.

(6) A nuisance order may be an abatement order or a closing order or a combination of both.

(7) An abatement order shall require a person to comply with all or any of the requirements of the notice, or to abate the nuisance within a time specified in the order.

(8) An abatement order shall specify the works to be executed by such person for the purpose of abating the nuisance.

(9) A closing order shall prohibit a dwelling-house from being used for human habitation and shall be cancelled on the application of the local authority when it has been subsequently rendered fit for human habitation.

(10) Any person who fails to comply with a nuisance order shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred ringgit for each day during the period of his default.

(11) Notwithstanding subsections (5) and (10) the local authority may itself abate the nuisance and recover all expenses thereof from the person in default.

(12) Where a closing order has been made with respect to any dwelling-house, the local authority shall serve a copy of the order on every occupier of the dwelling-house and if he fails to comply with such order the local authority may, with the assistance of the police, eject the occupier therefrom.

(13) A notice, an abatement order and a closing order under this section shall be in Forms B, C, and D respectively of the First Schedule hereto.

83 Order for demolition of house unfit for habitation   cite [+]

(1) Where a closing order has been made in respect of any dwelling-house and the local authority is of the opinion that the continued existence of such dwelling-house is dangerous or injurious to the health of the public or of the inhabitants of the neighbouring dwelling-house it may make a complaint to a Magistrate's Court, and such Court after hearing the complaint may make on the owner a summary order for the demolition of such dwelling-house within a time specified in such order.

(2) Any person who fails to comply with the summary order shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred ringgit for each day during the period of his default.

(3) Where a person fails to comply with the provisions of a summary order the local authority may execute the order and may recover the cost of such work from the owner.

84 Power to proceed where cause of nuisance arises outside local authority area   cite [+]

Where a nuisance within, or affecting any part of, a local authority area appears to be wholly or partly caused by some act or default committed or being committed outside the local authority area, the local authority may take, or cause to be taken, against any person in respect of that act or default any proceedings in relation to nuisances by this Act authorized in the like cases, and with like incidence and consequences, as if the act or default was committed or took place wholly within the local authority area.


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