Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The owner of the
building shall on demand by the local government pay the costs and expenses
incurred by the local government in, and incidental to, the obtaining of the
order under section 404, in respect of the dangerous building, and in
carrying the order into effect, but this section does not prejudice the right,
if any of the owner to recover them from a person liable to pay to him the
expense of repairs of the building.
(2) If the owner does
not pay the costs and expenses on demand, the local government, after serving
on him 35 days’ notice of its intention so to do, may sell the
building; but shall, after deducting from the proceeds of the sale the costs
and expenses so incurred and the expenses of and incidental to the sale and
the amount of rates then due in respect of the premises, account for and pay
the surplus, if any, to the owner on demand.
(3) When a dangerous
building is so sold for payment of the costs and expenses so incurred in
respect of it by the local government, the purchaser, his agents, and
servants, may enter upon the land on which the building is situated for the
purpose of taking down the building and of removing the materials of which it
is constructed.
(4) If the materials
are not sold by the local government, or if the proceeds of the sale are
insufficient to defray the costs and expenses, the local government may
recover the costs and expenses or the unsatisfied balance of them and the
costs of and incidental to the proceedings for recovery from the owner of the
building in a court of competent jurisdiction.
[Section 405 amended by No. 14 of 1996
s. 4.]