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POLLUTION CONTROL AND LOCAL GOVERNMENT (NORTHERN IRELAND) ORDER 1978 - SECT 70

70.(1) Where a district council is satisfied that a nuisance has occurred on
any premises and is likely to recur on the same premises, the council may
serve a notice (in this Article referred to as a prohibition notice)

(a)in the case of a nuisance arising from any defect of a structural
character, on the owner of the premises, and

(b)in any other case, on the person by whose act, default or sufferance the
nuisance arose or, if that person cannot be found, on the owner or occupier of
the premises,

(2) A district council may if it thinks fit specify in a prohibition notice
any works necessary to prevent a recurrence of the nuisance to which the
notice relates and require the execution of those works.

(3) A prohibition notice may be served whether the nuisance to which it
relates is in existence at the time of service of the notice or not and
whether or not a notice to abate the nuisance has previously been served with
respect to that nuisance.

(4) A prohibition notice and a notice to abate the nuisance may be contained
in the same document.

(5) Where a district council has served a prohibition notice with respect to a
nuisance and the nuisance recurs or the person on whom the notice was served
fails to comply with any of the requirements of the notice, the council may
make a complaint relating to the nuisance under Part IX of the Magistrates'
Courts Act (Northern Ireland) 1964.

(6) If on the hearing of a complaint under this Article it is proved

(a)that the nuisance has recurred (whether or not it still exists at the date
of the hearing) or that the defendant has failed to comply with any of the
requirements of the prohibition notice, and

(b)that the nuisance is likely to recur,

(7) Sections 107 to 120 and 122 to 129 of the Public Health (Ireland) Act 1878
shall, with the necessary adaptations and modifications, apply in relation to
proceedings under paragraphs (5) and (6) as they apply in relation to
proceedings under sections 111 and 112 of that Act.

(8) Where on the hearing of a complaint under paragraph (6) it is proved that
at the date of the making of the complaint the nuisance to which the
prohibition relates had recurred or that the defendant had failed to comply
with any of the requirements of the notice and, in either case, that the
nuisance was likely to recur, then, whether or not at the date of the hearing
the failure continues or the nuisance is likely to recur, the court shall
order the defendant to pay to the district council such reasonable sum as the
court may determine in respect of the expenses incurred by the council in, or
in connection with, the making of the complaint and the proceedings before the
court.

(9) In this Article "nuisance" has the same meaning as in the
Public Health (Ireland) Act 1878.

© 1978 Crown Copyright

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