Recovery of amounts payable to board
30 Recovery of amounts payable to board
If the board is empowered to recover the cost of any work from a person under this Schedule, the board must first serve notice on the person of the amount of the cost and the amount becomes due and payable on the expiration of 28 days from the day on which the notice is so served.
If an amount is due and payable by a person to the board under this
Schedule, the following provisions apply:
the person will, if the amount is not paid to the board within 28 days after the day on which the amount became due and payable, be liable to pay, in addition, a fine of 10% on the amount unpaid by the person;
any such fine may be recovered (together with the amount to which the fine relates) as a debt due to the board by action in a court of competent jurisdiction;
the amount together with any such fine is until paid—
in the case of an amount payable for the cost of work carried out in respect of a fence—a first charge in favour of the board on the land of which that person is owner adjoining the fence or on which the fence is situated; or
in any other case—a first charge in favour of the board on the land in respect of which the amount is payable.
The board may, in its discretion, on grounds of hardship or otherwise, remit the whole or a part of an amount payable to the board under this Act, or postpone payment or allow payment by instalments.
In any legal proceedings, an apparently genuine document purporting to be executed by the board and certifying as to any amount payable to the board by a person under this Act is, in the absence of proof to the contrary, to be accepted as proof of the matters so certified.
If an amount is payable to the board by a local board, that amount is to be set off against any amount payable to the local board by way of rates collected or recovered for that local board by the board under this Schedule.
Unless the board otherwise determines, any fee or duty payable by the board in connection with a charge under this section—
will be recoverable by the board from the person whose land is subject to the charge; and
will be added to the amount to which the charge relates.
This Act’s bill:Second reading speech
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