994

THE NEW ZEALAND GAZETTE.

No. 25

hood or dangerous to public health or detrimental to comfort or convenience ; and any person who after the service of a written notice, under the hand of the Board's Clerk, requiring such person to dis- continue any such trade or business as aforesaid, shall refuse or neglect forthwith to discontinue the same shall be deemed to commit a separate and distinct offence upon each day upon which he shall continue to carry on, or permit to be carried on, such trade or business as aforesaid : Provided always that service of such notice as aforesaid may be effected either personally or by leaving the same at the place where such trade or business is carried on.

(o.) Neglect to clean any private yard, way, passage, or avenue, by which neglect a nuisance, by offensive smells or otherwise, is caused.

(p.) Spill or cast, or allow to be spilt or cast, into or upon any public place any nightsoil or other offensive matter.

5. No person shall keep, or permit or suffer to remain, on any premises in the road district any matter or thing whatsoever from which an unwholesome or offensive smell arises, or any matter or thing in such a condition as to be prejudicial or dangerous to health.

6. All drains, water-closets, earth-closets, cesspits, stables, dog-kennels, fowlhouses, outhouses, yards, and ashpits on any premises in the road district shall be maintained and kept by the owner, occupier, or agent of such premises so as not to be a nuisance or dangerous to health, and so that there shall be no overflow or soakage therefrom.

7. The Inspector or any of his assistants shall have full power to enter into or upon any premises, yards, or lands in the road district at any time for the purpose of inspecting privies, water-closets, earth-closets, receptacles for rubbish and dirt, drains in back yards and private premises, and other similar things and places, and for the purpose of carrying out the provisions of this part of this by-law.

Buildings.

8. Every person intending to erect, take down, or alter any building shall make application in writing for permission so to do to the Board, and in such application shall describe the intended work and all the materials to be used therein to enable the Board to ascertain whether or not any part of it, or such materials or any part of them, is calculated to be injurious to the health of persons occupying such building or others ; such particulars shall show the proposed level of the said section and the means by which it is intended to deal with all storm-water and drainage. No work or place under the control or supervision of the Board shall be commenced until the Inspector has performed an inspection of the said building and material and has certified that same are not calculated to be injurious to the health of the persons using the building or others, and granted a permit that the work may be commenced.

9. The application shall be made upon the printed forms to be obtained from the Inspector's Office, and shall state the full name and address of the applicant, the person for whom the work is to be done, the locality of the proposed work, and the estimated cost thereof.

10. After the Inspector shall have given such permit no departure therefrom in the site or construction of the building or materials to be used therein shall be made unless particulars of such proposed departure shall first have been deposited with the Inspector at his office, and the Inspector shall have notified in writing under his hand that such departure is right. Every person who shall commence or be concerned in commencing any work contrary to this clause shall be guilty of an offence against this by-law.

11. Every person who shall do or be concerned in doing any act in or about the carrying-out of any such work without any permit as aforesaid shall be guilty of an offence under this by-law for every day on which he shall do or be concerned in doing any such act.

12. The Inspector shall keep a book in which he shall enter all important particulars of all plans and other documents which shall have been submitted to him under this part of the by-law, and such book shall be prima facie evidence of the truth of the statements therein made.

13. No permit, permission, certificate, or authority, expressed or implied, given by the Board, or by the Inspector or other officer of the Board, shall authorize or be deemed to authorize any building to be erected, added to, altered, repaired, or renewed otherwise than in accordance with law.

14. Any permit issued for building-construction shall be deemed to expire and be void if active work is not commenced thereunder within the period of three calendar months from the date of issue thereof.

15. The Inspector or other person appointed may, by notice in writing, require the owner of any existing building to make such alterations and do such things on or in connection with the building or the site thereof, or the ground surrounding and adjoining the site, as the Inspector deems necessary for the proper drainage of such site, for the adequate underfloor and other ventilation of such building, and for the maintenance of such building in a sanitary and proper state of repair, and for the exclusion therefrom of rats, mice, and other vermin. The omission to comply with any such notice shall be an offence.

16. No person shall reuse any old materials in the erection of any dwellinghouse unless the same shall be sound, have been cleaned, and certified by the Inspector as suitable for such reuse.

17. No person shall erect or use as a dwellinghouse or part of a dwellinghouse any structure or part of a structure, or all or any of the material of any structure, which structure has been condemned by any local authority, or is considered by the Inspector unfit for such purpose, or which is, in the opinion of the Inspector, dangerous to health.

18. No person shall within the road district erect any stable or building used or intended to be used as a stable in such manner that any portion of such stable or building is within the space of 25 ft. from any dwellinghouse or building used or intended to be used as a dwellinghouse, or any place used for the manufacture or storage of food for human consumption, or within 4 ft. of a boundary.

19. No person shall within the road district erect upon any piece of land any building used or intended to be used as a dwellinghouse, or for human habitation or employment, or any place used for the manufacture or storage of food for human consumption, in such manner that any portion of such building is within the space of 25 ft. from any stable or building used or intended to be used as a stable already erected upon such piece of land, or within the space of 30 ft. from any cow-shed or building used or intended to be used as a cow-shed already erected upon such piece of land.

20. It shall be lawful for the Board to refuse the issue of a permit for the execution of any repairs to any building situated in any part or parts of the road district if it should be of the opinion that the age or state or general condition of such building is such that in the interests of the health of the public a permit should not be issued.

21. No person shall remove a building from one area to another, or from one part of an area to another part of the same area, or re-erect the same wholly or in part, or remove the same entire or in sections from one part of an allotment to another part thereof with the same intention, unless such person shall have made written application to the Inspector for permission so to do in the same manner and submitting the same particulars as if the erection were a new one, specifying, in addition, that so much of the old material as was sound and of good quality and in accordance with this part of this by-law would be used in the erection, and that in all respects the erection or re-erection would be in accordance with such requirements, and shall have satisfied the Inspector that the material proposed to be reused is fit for the purpose and in accordance with this part of this by-law, and shall have obtained from the Inspector permission for such removal or re-erection. No materials shall be used in the construction of any house or building which has previously formed part of any house or building condemned as being in a condition dangerous to public health, and any materials which the Inspector may so declare unsuitable shall within twenty-four hours be removed by the person in charge of the works from the site of the proposed building.

22. If during the progress of the work of erecting, adding to, altering, repairing, or renewing any buildings for which a permit shall have been issued it shall be found on inspection or examination thereof by the Inspector, or other authorized inspecting officer of the Road Board, that some work, materials, drawing, matter, or thing connected therewith, and which does not comply with or is in contravention of any of the provisions of this part of the by-law, or of any such other by-laws and Act of Parliament as aforesaid, had been overlooked on the examination of the plans and documents prior to the issue of such permit, then and in any such case, and notwithstanding the issue of such permit for such works, the person applying for and obtaining such permit shall nevertheless be bound to in all respects comply with and conform to the requirements of any notice under the hand of the Inspector served upon him respecting any such non-compliance, irregularity, or contravention ; and in any proceedings instituted against such person for any non-compliance with this notice, or otherwise with the provisions of this or such other by-laws or Act of Parliament, such person shall not be entitled to plead the issue of such permit as a bar to any such proceedings.

23. Except as herein provided, no person shall erect a new dwellinghouse in the district upon a site of a less area than one-eighth of an acre, and unless such site shall have a frontage of at least 20 ft. to a public road : Provided that in the event of a person subdividing or cutting up any property in such manner that the sections fronting the road comply with the foregoing provision, leaving an area at the back of such sections, then the Board may, in its discretion, permit such back area to be built upon if the frontage is of at least 15 ft. in width to a public road : Provided, however,