(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.
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