S.L. 623.6 · Avoidance Of Damage To Third Party (S.L. 623.6)
S.L. 623.6 Art. 15Procedure when taking a measure under regulation 15. Cap. 12. Cap. 12.
(1) The Director shall, before proceeding to take any of the measures envisaged under regulation 14, inform the developer, the in charge of the project, the site technical officer and the perit person carrying out the construction works, warning them of the measure that may be taken and the specific reason as to why it may be taken. The Director may order the developer to cease or to rectify any act or omission and, or to make submissions thereto within such period of time not being less than seven (7) days, which period may be abridged if the Director considers that the continuance of the THIRD PARTY PROPERTY
infringement represents an immediate and serious threat to public safety or public health, and, or warrants the immediate intervention of the Building and Construction Authority:
Provided that where the measure is or includes an administrative fine the person concerned shall also be informed of the amount of the fine:
Provided further that when issuing a warning under this sub-regulation, the Director may impose such conditions as he may consider reasonable in the circumstances.
(2) If the developer remedies the infringement within the period established by the Director in accordance with sub-regulation (1), and agrees in writing to abide with any condition that the Director may impose, the Director may desist from proceeding any further, without prejudice to any regulatory measures that may have already been imposed.
(3) If, after the lapse of the period mentioned in sub-regulation (1), the Director considers that the developer has not given any valid reasons to demonstrate why no measure should be taken against him, the Director shall notify in writing, specifying the nature of the infringement, stating the measure being taken and, if the measure is or includes an administrative fine, stating the amount of the fine being imposed:
Provided that the notification mentioned in this sub-
regulation shall be in the form of a judicial act and the fines provided for in these regulations shall be due to the Government as a civil debt and following the service of a judicial act, in terms of article 466 of the
Code of Organization and Civil Procedure, which is either not opposed or the opposition of which is denied, according to the provisions of the said article, the same administrative fine shall constitute an executive title for all the effects and purposes of Title VII of Part I of Book
Second of the Code of Organization and Civil Procedure.
Verweist auf
- S.L. 623.6 Art. 466