PART 7

STATUTORY NUISANCES

Expenses recoverable from owner to be a charge on premises
68
1
Where any expenses are recoverable under section 67(6) from a person who is the owner of the premises there mentioned and the district council serves a notice on that person under this section—
a
the expenses shall carry interest, at such reasonable rate as the district council may determine, from the date of service of the notice until the whole amount is paid, and
b
subject to the following provisions of this section, the expenses and accrued interest shall be a charge on the premises.
2
A notice served under this section shall—
a
specify the amount of the expenses that the district council claims is recoverable,
b
state the effect of subsection (1) and the rate of interest determined by the district council under that subsection, and
c
state the effect of subsections (4) to (6).
3
On the date on which a district council serves a notice on a person under this section the council shall also serve a copy of the notice on every other person who, to the knowledge of the council, has an interest in the premises capable of being affected by the charge.
4
Subject to any order under subsection (7)(b) or (c), the amount of any expenses specified in a notice under this section and the accrued interest shall be a charge on the premises—
a
as from the end of the period of 21 days beginning with the date of service of the notice, or
b
where an appeal is brought under subsection (6), as from the final determination of the appeal,
until the expenses and interest are recovered.
5
For the purposes of subsection (4), the withdrawal of an appeal has the same effect as a final determination of the appeal.
6
A person served with a notice or copy of a notice under this section may appeal against the notice to the county court within the period of 21 days beginning with the date of service.
7
On such an appeal the court may—
a
confirm the notice without modification,
b
order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or
c
order that the notice is to be of no effect.
8
In paragraph 1 of Schedule 11 to the Land Registration Act (Northern Ireland) 1970 (c. 18) after sub-paragraph (c) insert—
ca
section 68 of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011; or
.
9
In this section “premises” does not include a vessel.
S. 68 in operation at 1.4.2012 by S.R. 2012/13, art. 2(2), Sch. 2