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Power to make Orders with reference
And to define boundaries;
And to revoke or
Streets to be
In Axim District,-Axim;
In Cape Coast District,-Cape Coast, Elmina;
In Dixcove District,-Ajua, Busúa, Dixcove;
In Prampram District,-Poni, Prampram, Agomeda,
In Saltpond District,-Anamabu, Saltpond;
In Volta River District,-Abuatia, Aburi, Akropong,
In Wassaw District,-Abosso, Aja Bippo, Brumassi,
In Winneba District,-Appam, Berraku, Winneba. (2.) The Governor in Council
(a) May from time to time order that this Ordinance, as respects the whole or any one or more of its provisions, shall, from a date mentioned in his Order, apply to any town or place, or part thereof, within the Colony, or be suspended, in whole or in part, in any town or place, or part thereof, named in this section or to which it may have been so ordered to apply; and thereupon the Ordinance shall be applied or suspended in whole or in part, as the case may be, according as may be directed by such Order;*
(6) May by any such Order define, for the purposes of this Ordinance, the boundaries of any town or place to which the same, or part thereof, may be applied; and
(e) May from time to time revoke or alter any such Order.
II. REGULATION OF STREETS AND BUILDINGS.
4. All streets shall be under the immediate supervision under super- of the Director of Works, who may from time to time cause any street to be levelled, drained, altered and repaired as occasion may require.
5. The Colonial Secretary, upon making compensation to purchase land the persons entitled thereto, may acquire any land or ease
* Orders made 4th July, 1895, and 23rd March, 1896, incorporated in (1) above.
ment for the purpose of widening, opening, enlarging, draining, or otherwise improving any street, or of making any new street.
6. Whenever the Director of Works shall require materials Power to for the construction or repair of any street, bridge or drain, for streets, and the same are obtainable from any unoccupied land in bridges and or near to any town, he or any person authorised by him may enter upon and take from such land such materials as may be required, without compensation being made therefor to any person.
7.-(1.) When any house or building situated in any Power to street, or the front thereof, has been taken or has fallen regulate line down, the Director of Works may prescribe the line in which any house or building, or the front thereof, to be built or rebuilt in the same situation, shall be erected, and such house or building or the front thereof shall not be erected except in accordance therewith.
(2.) The Director of Works shall pay or tender compensation to the owner or other person immediately interested in such house or building, for any loss or damage he may sustain in consequence of its being set back or forward.
8.-(1.) It shall not be lawful without the permission of Buildings the Governor to erect any house, building, wall or fence adjoining upon or adjoining any street; nor to extend, make any addi- encroachtion to or bring forward any house, building, wall or fence ments on adjoining any street, or any part or outbuilding of any such house or building, so as to encroach upon any street; nor to alter the height, width, or level of any paved or other footway in any street; nor to stop up, divert, enclose, or permanently obstruct, or cultivate, or otherwise turn to any private use, any street or any part thereof.
(2.) Any person offending against this section shall be Penalty for liable to a fine of forty shillings for every day during which this section. the offence is continued after notice from the Director of Works; and shall, on being required so to do by the Director of Works, remove any such erection, obstruction or encroachment as aforesaid, and, so far as may be, put such street in the same condition in which it was before the offence was committed; and shall commence to execute the required work within seven days after such requirement, and shall complete it as speedily as the nature of the work admits;
Removal of projections and obstructions.
Regulations may be made for new streets, water courses, roofs, &c.
otherwise the Director of Works may execute the work and recover the expense of so doing as provided by section 12.
9. The Director of Works may give notice to the occupier or owner of any house or building to remove or alter any porch, shed, veranda, projecting window, step, pavement, sign post, show board, or any other obstruction or projection erected against or in front of such house or building whilst the same has been within the operation of this Ordinance, and which is an obstruction to the safe and convenient passage along any street; and such occupier or owner shall, within fourteen days after the service of such notice upon him, remove such obstruction or alter the same in such manner as shall have been directed by the Director of Works, and in default thereof, shall be liable to a fine of forty shillings, and the Director of Works may then remove such obstruction or projection, and recover the expense of doing so as provided by section 12. If the obstruction or projection was not made by the occupier and is removed by him, he shall be entitled to deduct the expense of such removal from the rent payable by him to the owner of the house or building.
10.-(1.) The Director of Works may regulate
(a.) The level, width, and construction of new streets; (b.) The materials and structure of foundations and walls and roofs of new buildings for securing stability and preventing fire;
(c.) The spaces to be left unbuilt around buildings to secure free ventilation;
(d.) The water courses of streets and the drainage of buildings;
(e.) The form and structure and height from the ground of the roofs or buildings where covered with thatch or other inflammable materials.
(2.) Such regulations may be made either by general making regu- rules and instructions made by the Director of Works with the approval of the Governor and published in the Gazette, or by particular instructions conveyed by the Director of Works to the persons concerned.
Work contrary to regu
(3.) The Director of Works may remove, alter, or pull
*For regulations made, see Appendix, p. 1155.
[1892 down any work begun or done in contravention of any such lations may regulation.
(4.) This section shall apply notwithstanding that any Application water course or drain or building affected thereby has been to work made or erected before the place in which the same is before Ordisituated was brought within the operation of this Ordi- nance applied.
11. For the purposes of this Ordinance, the re-erecting What to be of any building taken or fallen down to or below the top deemed a new of the ground floor, or of any frame building of which only the framework is left down to the top of the ground floor, or the conversion into a dwelling house of any building not originally constructed for human habitation, shall be considered the erection of a new building.
12. Where the Director of Works incurs expense in Recovery of removing or altering any building, wall, fence, or other expenses. thing, or any part thereof, erected or done contrary to this Ordinance or to any regulation or direction made or given in pursuance of this Ordinance, he may take one or both of the following courses:—
(a) Recover the expense as a debt from the person who
(b) Sell the materials and apply the proceeds in pay-
III. DANGEROUS BUILDINGS.
fence ruinous or dangerous
buildings and owner and occupier to
13.—(1.) If any building or wall or anything affixed Power to thereon is deemed by the Director of Works to be ruinous or dangerous to passengers, or to the occupiers of such building or of neighbouring buildings, he may take such measures as he thinks necessary by fencing or otherwise for the protection of passengers, and may cause notice to be given to the owner of such building or wall, if he is known and resident in or within one day's journey from the town where it is situated, and also the occupier, if any,
Power to take them down, &c.
And to sell building
payment of expenses.
requiring such owner or occupier forthwith to take down, secure, or repair such building, wall, or other thing.
(2.) If such owner or occupier do not begin to take down, secure, or repair the same within four days after service of such notice, and complete the work as speedily as the nature of the case admits, or if no owner or occupier is found, the Director of Works may, subject to any order of the Governor, cause such building, wall, or other thing, or so much thereof as shall be in a ruinous or dangerous condition, to be taken down, and may rebuild or repair the same; and all the expenses of protecting passengers, and of taking down, rebuilding or repairing such building, wall, or other thing, shall be a debt due by the owner thereof to the Director of Works, and be recoverable in like manner as any other debt may be recovered.
(3.) If no owner shall be found within the said limits, or materials and appear and pay such expenses within six months after the completion of such rebuilding or repairs, the Director of Works may cause the building or wall and the materials and site thereof or any part thereof to be sold by public auction, and apply the proceeds in defraying the said expenses, and pay the balance, if any, to the owner, if he shall establish his claim thereto within twelve months after the date of such sale, failing which, such balance shall be paid into the Treasury and become part of the public
Land to be fenced;
Penalty in default.
IV. ENCLOSURE OF TOWN LANDS.
14.-(1.) Every occupier of any land within a town, or the owner thereof if it is unoccupied, shall fence it with such fence and in such manner as the Director of Works shall approve, and shall at all times maintain such fence in good repair to the satisfaction of the Director of Works.
(2.) Every occupier or owner who makes default in commencing to make or repair such fence after fourteen days' notice from the Director of Works, or does not complete such fence or the repairs thereof as speedily as the nature of the work admits, shall be liable to a fine of ten shillings and to a further fine of two shillings for every day during which such default continues after conviction.