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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 25

Power of district council to enforce drainage of undrained houses.

25. Where any house within the district of a [district council] is without a
drain sufficient for effectual drainage, the [district council] may by written
notice require the owner or occupier of such house, within a reasonable time
therein specified, to make a covered drain or drains emptying into any sewer
which the [district council] are entitled to use, and which is not more than
one hundred feet from the site of such house; but if no such means of drainage
are within that distance, then emptying into such covered cesspool or other
place not being under any house as the [district council] direct; and the
[district council] may require any such drain or drains, cesspool or
cesspools, to be of such materials and size, and to be so ventilated, and to
be laid at such level, and with such fall as may appear to them to be
necessary: Provided that where, in the opinion of the [district council],
greater expense would be incurred in the construction of such cesspool or
cesspools than in the making of a drain emptying into a sewer which they are
entitled to use, the [district council] may require the owner or occupier to
make such drain, notwithstanding that the sewer into which it is to empty is
not within one hundred feet of the site of the house.

If such notice is not complied with, the [district council] may, after the
expiration of the time specified in the notice, do the work required, and may
recover in a summary manner the expenses incurred by them in so doing from the
owner, or may by order declare the same to be private improvement expenses.

Provided that where, in the opinion of the [district council], greater expense
would be incurred in causing the drains of two or more houses to empty into an
existing sewer pursuant to this section, than in constructing a new sewer and
causing such drains to empty therein, the [district council] may construct
such new sewer, and require the owners or occupiers of such houses to cause
their drains to empty therein, and may apportion as they deem just the
expenses of the construction of such sewer among the owners of the several
houses, and recover in a summary manner the sums apportioned from such owners,
or may by order declare the same to be private improvement expenses.


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