Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a local
government is of opinion that a building in its district is a neglected
building it may cause written notice to be served on the owner or occupier of
the building requiring him immediately —
(a) to
put the building or part into such state of repair and good condition as is to
the satisfaction of the local government;
[(b) deleted]
or
(c) to
take the building down.
(2) If the owner or
occupier, on whom the local government has caused written notice to be served
pursuant to subsection (1), does not comply with the requisitions in the
notice within 14 days after the service of the notice on him, the local
government shall cause a copy of the notice to be served on the owner and the
occupier by sending it by registered post addressed to him at his last known
place of residence and shall cause, as soon as practicable thereafter, a copy
of the notice to be affixed in a conspicuous position on the outside of the
building.
(3) A person who is
dissatisfied with the requisition of the local government may apply to the
State Administrative Tribunal for a review of the decision to make the
requisition.
(4) If the owner or
occupier
on whom the notice is
served
does not
within 35 days of
the service of the notice upon him, unless the requisitions in the notice are
the subject of an application for review under subsection (3),
comply
with the requisitions
in the notice,
the Magistrates Court,
on an application by the local government and on being satisfied that he has
not so complied with the requisitions and that the requisitions in respect of
which the application is made are not the subject of an application for review
under subsection (3),
may order
the owner or occupier
on whom the notice is served to do such of the things mentioned in
subsection (1)(a) and (c), as the court thinks fit within a time to be
fixed in 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 an order so made is not subject to
appeal.
(5) If the order is
not obeyed, the local government may by its agents, servants, and workmen
enter upon the neglected building or land on which it stands and execute the
order.
(6) When the order
directs the taking down of a neglected building, or a part of it, the local
government in executing the order may cause the materials to be removed to a
convenient place, and, unless the expenses of the local government in relation
to the building are paid to the local government within 14 days after the
removal, cause the materials to be sold.
(7) The local
government shall deduct from the proceeds of the sale, the costs and expenses
incurred by the local government in relation to a neglected building, and also
the amount of rates then due in respect of the premises, and shall account for
and pay the surplus, if any, to the owner of the building on demand.
(8) If the neglected
building, or part of it, is not taken down, and 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 that insufficiency, and the costs of and incidental to the
proceedings for recovery from the owner of the building in a court of
competent jurisdiction but this subsection does not prejudice the right, if
any, of the owner to recover them from a person liable to pay to him the
expenses of repairs of the building.
[Section 408 amended by No. 72 of 1961
s. 21; No. 68 of 1963 s. 22; No. 17 of 1984 s. 16;
No. 14 of 1996 s. 4; No. 55 of 2004 s. 675; No. 59 of 2004
s. 141.]