Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the local
government is of opinion that a building in its district is so dilapidated in
appearance as to be out of conformity with the general standard of appearance
of the other buildings in the district or in the locality in which it is
situated, it may cause written notice to be served on the owner or occupier of
the building requiring him immediately to cause the appearance of the building
to be brought into conformity with the general standard of appearance of the
buildings either in the district or that locality.
(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 place 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 requisition in the notice is the
subject of an application for review under subsection (3), comply with
the requisition in the notice, the Magistrates Court, on an application by the
local government and on being satisfied that he has not so complied and that
the requisition is not the subject of an application for review under
subsection (3), may order the owner or occupier on whom the notice is
served to comply with the requisition within a time to be fixed in the order,
and if the order is not complied with by the owner or occupier to whom it is
directed within the time so fixed the local government may do what he is
directed by the order to do, and an order so made is not subject to appeal.
(5) The owner of the
building shall on demand by the local government pay the costs and expenses
incurred by the local government in relation to the obtaining of an order
under subsection (4) relating to the dilapidated building and in the
carrying of 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.
(6) If the owner does
not pay the costs and expenses to the local government on demand, the local
government, after serving on him 35 days’ notice of its intention
so to do, may cause the building to be sold; 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.
(7) 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 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 409 amended by No. 72 of 1961
s. 22; No. 68 of 1963 s. 23; No. 14 of 1996 s. 4;
No. 10 of 1998 s. 46; No. 55 of 2004 s. 676; No. 59 of
2004 s. 141.]