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PUBLIC HEALTH ACT 1997 - SECT 92 Rectification notice

PUBLIC HEALTH ACT 1997 - SECT 92

Rectification notice

(1)  A council, on the advice of an environmental health officer or building surveyor, is to serve a rectification notice in an approved form on –
(a) a person by whose act or default any defect in premises arises or continues or, if that person cannot be ascertained or found, the owner of the premises; or
(b) the owner of premises if –
(i) any defect in the premises arises from any fault of the components of the premises; and
(ii) the premises are unoccupied.
(2)  A rectification notice requires the person on whom it is served to rectify any defect –
(a) in a specified manner; and
(b) within a specified period.
(3)  A person, without reasonable excuse, must not fail to comply with the notice.
Penalty:  Fine not exceeding 75 penalty units and a daily fine not exceeding 5 penalty units.
(4)  If a person fails to comply with a notice, the council may cause any necessary work to be carried out at that person's expense.
(5)  The person to whom a rectification notice in respect of premises is served must not –
(a) require any occupier of the premises to carry out anything specified in the notice; or
(b) require the occupier to pay the cost of carrying out anything specified in the notice.
(6)  A council, upon the certificate of an environmental health officer or building surveyor that the condition of the premises is no longer, or is not likely to become, offensive, injurious or prejudicial to health, is to revoke a rectification notice.