Western Australian Consolidated Acts Western Australian Consolidated Acts If the owner or
occupier
on whom notice
mentioned in section 403(4) has been served
does not
within 35 days of
that on which the notice is served upon him,
comply
with the notice,
the Magistrates Court,
on an application by the local government and on being satisfied that he has
not so complied with all or any of the requisitions in the notice and that
none of the requisitions in the notice is the subject of an application for
review as described in section 403(6),
may
unless all or any of
the requisitions in the notice are the subject of an application for review as
described in section 403(6),
order the person
on whom the notice has
been served to take down, repair, or otherwise secure to the satisfaction of
the building surveyor of the local government, the building or such part of it
as appears to the court to be in a dangerous state, within a time to be fixed
by the order,
and the court may
make such order as to
the costs of and incidental to the proceedings relating to the order as the
court thinks fit,
and if the order is
not complied with
by the person to whom
it is directed, within the time so fixed,
the local government
may cause the building, or so much of it as is in a dangerous condition, to be
taken down, repaired or otherwise secured in such manner as is necessary, and
an order so made is not subject to appeal.
[Section 404 amended by No. 14 of 1996
s. 4; No. 55 of 2004 s. 674; No. 59 of 2004 s. 141.]