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Repair of houses.
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23.—(1) If the owner of any house suitable for occupation by persons of the working classes fails to make and keep such house in all respects reasonably fit for human habitation, then, without prejudice to any other powers, the local authority may serve a notice upon the owner of such house requiring him within a reasonable time, not being less than twenty-one days specified in the notice, to execute such works as may be necessary to make the house in all respects reasonably fit for human habitation: Provided that the owner may, within twenty-one days after the receipt of such notice, by written notice to the local authority, declare his intention of closing the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house.
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(2) If the notice given by the local authority is not complied with, and if the owner has not given such notice as aforesaid, the authority may, at the expiration of the time specified in the notice given by them to the owner, do the work required to be done.
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(3) Any expenses incurred by the local authority under this section may be recovered in a court of summary jurisdiction, together with interest at a rate not exceeding five per cent. per annum from the date of service of a demand for the same till payment thereof from the owner, and until recovery of such expenses and interest the same shall be a charge on the premises. In all summary proceedings by the local authority for the recovery of any such expenses, the time within which such proceedings may be taken shall be reckoned from the date of the service of notice of demand.
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(4) The local authority may by order declare any such expenses to be payable by monthly or annual instalments within a period not exceeding thirty years, with interest at a rate not exceeding five per cent. per annum, from the date of the service of notice of demand until the whole amount is paid, and any such instalments and interest or any part thereof may be recovered in a summary manner from the owner or occupier and, if recovered from the occupier, may be deducted by him from the rent of such premises.
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(5) The local authority, if they think fit, from time to time (in addition and without prejudice to any other remedy) may recover in a court of summary jurisdiction, or as a simple contract debt, by action in any court of competent jurisdiction, from the owner for the time being of any such premises the whole or any portion of such expenses and interest.
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(6) Any question arising between the owner and the local authority as to the reasonable nature of any notice given by the authority to the owner under this section shall be determined by the Local Government Board whose decision shall be final.
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(7) In this section “owner” shall have the same meaning as in the Public Health (Ireland) Act, 1878.
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(8) This section shall be deemed to be part of Part II. of the Act of 1890.
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