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Proceedings in certain cases against nuisances. 255. Where [the Ministry of Development or a district council] have incurred expenses for the repayment whereof the owner of the premises for or in respect of which the same are incurred is made liable under this Act or by any agreement with the [Ministry of Development or the distrct council], such expenses may be recovered, together with interest at a rate not exceeding five pounds per centum per annum, from the date of service of a demand for the same till payment thereof, from any person who is the owner of such premises when the works are completed for which such expenses have been incurred; and until recovery of such expenses and interest the same shall be a charge on the premises in respect of which they were incurred. In all summary proceedings by [the Ministry of Development or a district council] for the recovery of expenses incurred by them in works of private improvement, the time within which such proceedings may be taken shall be reckoned from the date of the service of notice of demand. Where such expenses have been settled and apportioned by [the Ministry of Development or a district council] as payable by such owner, such apportionment shall be binding and conclusive on such owner, unless within three months from service of notice on him by [the Ministry of Development or a district council], of the amount settled to be due from such owner, he shall by written notice dispute the same. [The Ministry of Development or a district council] may, by order, declare any such expenses to be payable by annual instalments within a period not exceeding thirty years, with interest at a rate not exceeding five pounds per centum per annum, 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 for the time being of such premises, and may be deducted from the rent of such premises, in the same proportions as are allowed in the case of private improvement rates under this Act. S.256 rep. by 1964 c.21 (NI) s.172 sch.7. S.257 rep. by 1972 c.9 (NI) s.149 sch.9[
© 1878 Crown Copyright
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