(1) Whenever the
surface of any land is lower than the level of the street, road, sewer, or
drain into which the water off the said land should, in the opinion of the
local government, drain, the local government may give notice to the owner to
fill up such land within a time limited by the notice, so that the same may be
so drained.
(2) An owner who
neglects or refuses to comply with a notice given to him under subsection (1)
commits an offence.
(2a) When an owner
neglects or refuses to comply with a notice given to him under subsection (1),
the local government may do the work required by that notice to be done and
recover from the owner so in default the expense incurred by it in so doing.
(3) Such expense,
until paid, shall be and remain a charge upon the land, notwithstanding any
change that may take place in the ownership thereof.
[Section 86, formerly section 66, renumbered as
section 86: No. 38 of 1933 s. 42; amended: No. 113 of 1965 s. 8(1); No. 80 of
1987 s. 9; No. 14 of 1996 s. 4.]