Local Government (Sanitary Services) Act , 1964

1 Definitions.

1.—In this Act—

“dangerous place” means an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that, in the opinion of the sanitary authority in whose sanitary district it is situate, is or is likely to be dangerous to any person;

“dangerous structure” means—

(a) any building, wall or other structure of any kind, or

(b) any part of, or anything attached to, a building, wall or other structure of any kind,

that, in the opinion of the sanitary authority in whose sanitary district it is situate, is or is likely to be dangerous to any person or property;

“the Minister” means the Minister for Local Government.

2 Powers of sanitary authorities in relation to dangerous places.

2.—(1) A sanitary authority may, if they so think fit, as respects any dangerous place situate in their sanitary district—

(a) carry out, by their servants or agents, such works as will, in the opinion of the authority, prevent the place from being a dangerous place, or

(b) at the request of the owner (which word means, in this section and in sections 3, 7 to 10 and 18 of this Act, any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of the land in relation to which the word is used or any term of years for the time being subsisting in respect of the land of which the unexpired residue exceeds one year) who occupies or is entitled to occupy the place or from whom it is held by a person who is not the owner, either—

(i) carry out, by their servants or agents, the works aforesaid, and require such owner to make a payment towards the cost of the works of such amount as the authority may consider proper, or

(ii) contribute such amount as the authority may consider proper towards the cost of the carrying out of the works aforesaid by such owner,

and for such purposes may, by their servants or agents, enter on any land.

(2) Before proceeding under this section in relation to a place, a sanitary authority shall give a notice to the owner aforesaid of the place stating that the place is a dangerous place and that the authority intend to proceed under this section in relation thereto, specifying the works that, in the opinion of the authority, require to be carried out in relation to the place to prevent it from being a dangerous place and giving an estimate of the cost of such works.

(3) Whenever a sanitary authority give a notice under this section to any person, the authority shall, within seven days after giving the notice to the person, post a copy of the notice at or near the place to which it relates.

(4) Where a sanitary authority give a notice under this section in relation to any place—

(a) in case the notice is annulled by the District Court, under section 5 of this Act, the authority shall not proceed under this section in relation to the place,

(b) in case of any other determination of an application to the District Court under section 5 of this Act in relation to the notice, the sanitary authority shall not proceed under this section in relation to the place until the expiration of fourteen days, or such period as may be specified by the Court after the date of the determination, and

(c) in any other case, the authority shall not proceed under this section in relation to the place until the expiration of twenty-one days after the date of the giving of the notice.

(5) Subject to subsection (7) of this section, a sanitary authority may claim from the owner aforesaid of a place in respect of which they have carried out works pursuant to subparagraph (i) of paragraph (b) of subsection (1) of this section by demand in writing given to such owner, payment of such amount as may be determined by them under that subparagraph.

(6) Subject to subsection (7) of this section, where a demand is given to a person pursuant to subsection (5) of this section, the amount claimed in the demand together with interest, at the rate of five per cent per annum, from the date when the demand is given until payment shall, without prejudice to any other method of recovery, be recoverable by the sanitary authority from the person to whom it is given as a simple contract debt in any court of competent jurisdiction.

(7) Where the amount claimed in a demand given pursuant to subsection (5) of this section exceeds the amount of the estimate of the cost of the works to which the demand relates contained in a notice given under this section, the amount of the excess shall not be recoverable by the sanitary authority under this section.

3 Powers of sanitary authorities in relation to dangerous structures.

3.—(1) A sanitary authority may, if they so think fit, give a notice to the owner who occupies or is entitled to occupy a dangerous structure situate in their functional area or from whom it is held by a person who is not the owner and, if he can be ascertained by reasonable inquiry, to the occupier of the structure, requiring such owner, within such period specified in the notice as the authority may consider appropriate—

(a) to carry out such works (including the demolition of the structure or any part of it and the clearing and levelling of the site thereof) specified in the notice as will,in the opinion of the authority, prevent the structure from being a dangerous structure, to remove any debris and to erect a wall or barrier between any open area created by the works and any road, street or public place, and

(b) to terminate or modify any use of the structure or any part thereof,

and such owner, his servants or agents may carry out the works specified in the notice and may, for that purpose, enter on any land.

(2) (a) If, in the opinion of a sanitary authority, it is necessary to do so in the interests of the safety of any person, the authority may, by their servants or agents carry out on a dangerous structure situate in their sanitary district such works (including the demolition of the structure or any part of it and the clearing and levelling of the site thereof) as will, in the opinion of the authority, prevent the structure from being a dangerous structure and for that purpose, the authority may, by their servants or agents, enter on any land.

(b) Where a sanitary authority enter or propose to enter on any land pursuant to paragraph (a) of this subsection for the purpose of carrying out works on a dangerous structure, they shall, as soon as may be, give to the owner aforesaid and, if he can be ascertained by reasonable inquiry, to the occupier, of the structure a notice stating that they have entered or propose to enter the land and specifying the works that they have carried out or propose to carry out thereon.

(3) A notice given by a sanitary authority under subsection (1) of this section may require that the carrying out of the works specified in the notice be commenced forthwith and that they be carried out in accordance with such conditions (if any) specified in the notice as the authority think appropriate and in such manner as may be specified in the notice.

(4) A person who having been served with a notice under subsection (1) of this section, does not comply with the terms of the notice shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(5) Where a person upon whom a notice under subsection (1) of this section in relation to a dangerous structure has been served does not comply with the terms of the notice, the District Court may, on the application of the sanitary authority by whom the notice was given, by order—

(a) (i) direct the person to carry out, within such time as the Court may consider reasonable and may specify in the order and in accordance with the terms of the notice, the works specified in the notice and authorise the sanitary authority to carry out the works aforesaid if the person does not comply with the provisions of the order, or

(ii) authorise the sanitary authority to carry out the works specified in the notice,

and

(b) prohibit the use of the structure or any part of it or prohibit the use of the structure or any part of it for such purpose or purposes as may be specified in the order.

(6) Where a person does not comply with an order of the District Court under subsection (5) of this section, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(7) (a) Where any expenses or costs (including costs in relation to proceedings in the District Court under this section) incurred by a sanitary authority under this section in relation to a dangerous structure are not paid by the owner aforesaid of the structure within fourteen days after a demand in writing therefor has been given to him, the amount claimed in the demand together with interest, at the rate of five per cent per annum, from the date when the demand is given until payment may, without prejudice to any other method of recovery, be recovered from him—

(i) by the sale by the authority of any materials resulting from the works carried out by the authority in relation to the structure and the retention by them of so much of the proceeds of the sale as is equal to the amount of such expenses, or

(ii) as a simple contract debt in any court of competent jurisdiction.

(b) Any surplus moneys arising on a sale pursuant to subparagraph (i) of paragraph (a) of this subsection shall be paid by the authority holding the moneys to the owner of the structure, or, if there is more than one owner, to each owner in such proportions as the owners may agree, or (in default of agreement) as the District Court may, on the application of any such owner, determine.

(c) In making a determination under this subsection, the District Court shall have regard to the respective interests, obligations and liabilities in relation to the structure concerned of its owners.

(8) (a) Where any costs or expenses incurred by a sanitary authority under this section in relation to a structure have not been paid, the District Court may, on the application of the authority, by order prohibit the repair or letting of the structure or the carrying out of any works on the site on which the structure stood, as the case may be, until payment to the authority of the amount due to the authority in respect of the expenses aforesaid and the costs of the application, and upon payment of the amount aforesaid, the order shall cease to be in force.

(b) A person who does not comply with an order of the District Court under this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(c) A sanitary authority shall keep a register containing particulars of all orders from time to time made under this subsection in relation to structures in their sanitary district and shall keep the register open for inspection at all reasonable times and, if particulars of an order under this subsection are not entered in the appropriate register, within ten days after the date of the making of the order, the order shall cease to be of any force or effect.

(9) (a) If, in the opinion of a sanitary authority, it is necessary to do so in the interests of the safety of any person, theauthority may require the occupier of, or any person in, a dangerous structure or its curtilage or any structure or its curtilage in the vicinity to vacate the structure or its curtilage and to remove his property (if any) therefrom.

(b) If a person does not comply with a requisition of a sanitary authority under paragraph (a) of this subsection, the District Court may, on the application of the authority, by order direct the person to comply with the requisition within such period specified in the order as the Court may think reasonable.

(c) A person who does not comply with an order of the District Court under this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds.

(d) If, upon the making of an order under this subsection directing a person to comply with a requisition of a sanitary authority, the person does not comply with the requisition within the period specified in the order, officers of the authority may, using such force as may be necessary in the circumstances, enter the structure to which the requisition relates and remove the person and his property (if any) therefrom.

(e) A sanitary authority may request a member of the Garda Síochána to assist them in the exercise of their powers under paragraph (d) of this subsection and the member shall comply with the request.

(10) A sanitary authority may, if they so think fit—

(a) provide other living accommodation for an occupier of a dwelling who has left a dwelling in pursuance of a requisition under subsection (9) of this section,

(b) make a grant of such amount as they think proper to such occupier for the purpose of enabling him to obtain other living accommodation.

(11) (a) A sanitary authority may, if they so think fit, make a grant of such amount as they think proper to any person who—

(i) on or after the 1st day of June, 1963, has left or leaves a dangerous structure at the request of the authority or in pursuance of a requisition under subsection (9) of this section,

(ii) immediately before such leaving carried on a trade or business in the structure, and

(iii) in the opinion of the authority, by reason of such leaving, has suffered or will suffer hardship.

(b) In determining the amount of a grant to a person under this subsection, a sanitary authority shall have regard to the length of the period during which the person carried on a trade or business in the structure in relation to which the grant is proposed to be made.

(12) Section 274 of the Public Health (Ireland) Act, 1878, shall not apply in relation to the exercise by a sanitary authority of any powers conferred on them by this section.

4 Abstraction of water by sanitary authorities from reservoirs of the Electricity Supply Board.

4.—(1) A sanitary authority and the Board may enter into an agreement (in this section referred to as a water agreement) whereby the sanitary authority may abstract and the Board may permit the authority to abstract from a reservoir, upon such terms and subject to such conditions as may be specified in the agreement, water impounded by the Board in the reservoir.

(2) Whenever the Minister, upon the request of a sanitary authority and after consultation with the Minister for Transport and Power and the Minister for Lands, so thinks fit and so directs, the sanitary authority and the Board shall enter into a water agreement containing such terms and conditions as may be determined by the Minister after consultation with the Minister for Transport and Power and the Minister for Lands.

(3) A water agreement shall be deemed, for the purposes of the Public Health (Ireland) Act, 1878, to be a contract for the supply of water made by the sanitary authority concerned with the Board under section 61 of that Act and, accordingly, the provisions of that Act (other than sections 35 and 36) relating to the supply of water by a sanitary authority and the purchase of land by a sanitary authority shall apply and have effect (subject to the modifications mentioned in this section) in relation to the execution of the necessary waterworks and the carrying out of the agreement by the sanitary authority.

(4) For the purposes of the application of the provisions aforesaid of the Public Health (Ireland) Act, 1878, to the execution of the waterworks required for the carrying out of a water agreement and to the carrying out in other respects of the agreement, the following modifications of the said provisions shall have effect, that is to say:

(a) the period of one month shall be substituted for the period of two months mentioned in section 63 of the said Act, and

(b) “water mains” shall be construed in section 64 of the said Act as including aqueducts, conduits, culverts and tunnels for conveying water for the purposes of a water supply.

(5) (a) A sanitary authority shall not enter into a water agreement without the consent of the Minister.

(b) Before deciding whether to grant or withhold his consent to the entry by a sanitary authority into a water agreement, the Minister shall consult with the Minister for Lands, and in so deciding, the Minister shall have regard to any liability of the Board to discharge water from the reservoir to which the agreement relates into the river on which the reservoir stands down stream of the reservoir.

(6) Where a sanitary authority propose to enter into a water agreement, the authority shall, at least one month before doing so, publish in a newspaper circulating in their sanitary district and in a newspaper circulating in the sanitary district in which is situate the reservoir to which the proposed agreement relates a notice stating—

(a) their intention to enter into the agreement,

(b) the place at which it is proposed to abstract water from the reservoir,

(c) the maximum amount of water which it is proposed to abstract in a day,

(d) the purpose for which it is proposed to abstract water, and

(e) the nature of any works proposed to be carried out in pursuance of the agreement.

(7) Where a water agreement has been entered into, section 13 of the Water Supplies Act, 1942, in so far as it enables a sanitary authority to take in accordance with a proposal under section 2 of that Act a supply of water from the source of water to which the proposal relates, section 14 (other than subsections (2) and (3)) and sections 15 and 16 of that Act shall apply and have effect as if the water agreement were a proposal under the said section 2 subject to the modifications that an application under the said section 14 shall not be made after the expiration of two years from the date on which the water agreement comes into force and that compensation for damage shall not be paid by a sanitary authority under that Act if compensation for such damage has been paid by the Board.

(8) Compensation for damage shall not be paid by the Board if compensation for such damage has been paid by a sanitary authority under the Water Supplies Act, 1942.

(9) Subject to subsection (7) of this section, the Water Supplies Act, 1942, shall not apply in relation to the abstraction by a sanitary authority of water impounded in a reservoir by the Board.

(10) In this section “the Board” means the Electricity Supply Board.

5 Application to District Court to annul notice under section 2.

5.—(1) Any person aggrieved by a notice under section 2 of this Act may, not later than twenty-one days after the date of the giving of the notice, apply to the District Court for the annulment of the notice and—