Derelict Sites Act, 1961
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Enforcement of notice under section 3. |
4.—(1) If a notice under section 3 of this Act is not complied with and the land to which it refers continues to be, in the opinion of the local authority by whom the notice was given, a derelict site— | |
(a) the local authority shall, by their servants or agents, after the expiration of the time specified in the notice or, if the notice has been confirmed by the Minister on appeal, after the expiration of the like time after the determination of the appeal as is specified in the notice or of such longer time as may be fixed by the Minister, enter on the land and carry out the works required to be carried out by the notice, or by the notice as confirmed by the Minister, as the case may be, and | ||
(b) subject to subsection (3) of this section, the local authority may claim from the owner who occupies or is entitled to occupy the land or from whom the land is held by a person who is not the owner thereof, by demand in the prescribed form given to such owner, so much (if any) of the expenses incurred by the local authority under this section as they think fit. | ||
(2) Subject to subsection (3) of this section, where a demand claiming expenses incurred by a local authority under this section in relation to any land is given in accordance with subsection (1) of this section to the owner aforesaid of the land, the amount of the expenses 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 local authority from the owner of the land as a simple contract debt in any court of competent jurisdiction. | ||
(3) Where the amount of the expenses incurred by the local authority under this section in relation to any works exceeds the amount of the estimate of the cost of the works contained in a notice given under section 3 of this Act or a notice as confirmed by the Minister, as the case may be, the amount of the excess shall not be recoverable by the local authority under this section. |