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Section 243

Dangerous Buildings.

(1) If any building or anything affixed thereon be deemed by the Municipality to be in a ruinous state or to be likely to fall or to be in any other way dangerous to any inhabitant of such building or of any neighbouring building, or to any occupier thereof or to passengers, the Municipality shall immediately, if it appears to it to be necessary, cause a proper hoarding or fence to be put up for the protection of passengers. All expenses incurred by the Municipality under this sub-section shall be paid by the owner or occupier of such building and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under this Act: Provided always that if the danger be not of hourly imminence, it shall be at the discretion of the Municipality, instead of itself causing a hoarding or fence to be put up, to issue in the first instance a notice in writing to the owner or occupier to put up a proper hoarding or fence and, in the event of the owner or occupier failing to put up within two days from the service of such notice, a hoarding or fence which the Municipality considers sufficient in the circumstances of the case, the Municipality shall at once cause such hoarding or fence to be put up and thereafter proceed to recover the expenses incurred by the Municipality as provided in this sub-section. (2) The Municipality shall also cause notice in writing to be given to the owner or occupier, requiring such owner or occupier forthwith to take down, secure or repair such building or thing affixed thereon, as the case shall require, and if such owner or occupier does not begin to repair, take down or secure such building or thing within three days, and in case of emergency, immediately after the service of such notice and complete such work with due diligence, the Municipality shall cause all or so much of such building or thing, as it shall think necessary, to be taken down, repaired or otherwise secured. (3) If the owner or occupier fails to comply with the notice issued under this section and the building falls, the owner and occupier of the building shall, without prejudice to any action that may be taken against them under the provisions of this Act or any other law for the time being in force, be liable, jointly and severely, for any damage caused by the debris of such building.