Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When a person has
been convicted of an offence of commencing to build, or of constructing,
erecting, adapting, extending, raising, amending, altering, enlarging, adding
to, uniting, or separating a building, or part of a building, in contravention
of the provisions of this Act, the local government may serve written notice
on the person requiring him to bring the building into conformity with those
provisions.
(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 to his last known address 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 person
on whom the notice is
served
does not
within 14 days of
that on which the notice is served upon him
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 complied with the requisitions in the notice 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,
unless the
requisitions are the subject of an application for review,
make an order
authorising the local
government by its agents, servants, and workmen to enter upon the building and
the land on which it stands, and to demolish or alter the building or part of
it, so far as it has been adjudged to be in contravention of this Act, and to
do whatever is necessary for the purpose of bringing it into conformity with
those provisions, and to remove the materials resulting from the demolition or
alteration to a convenient place, and if the local government thinks fit, sell
the materials in such manner as the local government thinks fit, and an order
so made is not subject to appeal.
(5) Expenses incurred
by the local government in demolishing or altering the building or the part of
it, and in doing whatever is necessary for the purpose of bringing it into
conformity with the provisions of this Act, together with the costs, or the
balance of those expenses and costs, after deducting the proceeds of sale of
the materials, if the local government thinks fit to sell them, may be
recovered from the person committing the offence in a court of competent
jurisdiction.
(6) If the proceeds of
the sale are more than sufficient to defray those expenses and costs, the
local government shall, on demand, account for and pay the surplus of the
proceeds, after deducting the amount of those expenses and costs, and also the
amount of rates then due by the owner of the building, to him.
[Section 411 amended by No. 72 of 1961
s. 23; No. 32 of 1967 s. 21; No. 14 of 1996 s. 4;
No. 55 of 2004 s. 678; No. 59 of 2004 s. 141.]