Cap. 10 Art. 321Power of court to order abatement of nuisance, etc.

(1) In the case of any contravention, the court, besides awarding punishment, shall order the offender, where the occasion so requires, to abate the nuisance arising from the contravention, or, according to circumstances, to carry out the law within a time, sufficient for the purpose, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (ammenda) not exceeding four euro and sixty-six cents (4.66) for every day the default continues after the expiration of the said time.

(2) The court may also order that the nuisance be abated, or that the law be carried out, by the Police, at the expense of the offender, in which case he may be made to refund the expense, under a warrant issued by the court.

(3) If the offender is, on account of mental disease or other physical incapacity, unable to appear in court or is absent from Malta or has absconded and a Police officer not below the rank of inspector certifies on oath that it is urgently required that the nuisance be abated or that the law be otherwise enforced, the court shall order the summons to be served on the lawful representative of the offender or on the person having the custody of the offender or on the person having the management of his property or in default of any known representative or person as aforesaid, on the offender’s husband or wife or son or daughter. In any such case, if the nuisance or non-compliance with the law is proved, the court shall apply the provisions of sub-article (2) or, in appropriate cases, the provisions of sub-article (1).

(4) Where for any reason service of the summons as provided in sub-article (3) cannot be effected or where the offender is not known or it is not known who is the person responsible for the nuisance or non-compliance with the law, the court may apply the provisions of sub-article (2) on the sole application of a Police officer not below the rank of inspector confirming on oath the existence of the nuisance or non-compliance and the urgency that the same be abated or the law enforced and on such additional evidence, if any, as the court may deem fit to require.

(5) In any of the cases dealt with in sub-articles (3) and (4), the court shall, so far as regards the application of any punishment for the offence, adjourn the proceedings until the offender is fit to stand trial or returns or becomes known and can appear before it.

(6) Where the court, on the demand of the Police, for the purpose of proving any contravention, shall have ordered any work to be undone wholly or in part, and neither such contravention, nor any other contravention arising from circumstances which could not have been ascertained without the undoing of such work, nor any contravention of the provisions of article 97(1)(o), is made to appear, the expense incurred as well as the expense necessary to restore such work to its former state, shall be at the charge of the Police.

(7) Where any summons has been issued in respect of a contravention of an order of the sanitary authority, either for making default in complying with such order, or for not properly carrying out such order, it shall be lawful for the court, where necessary, on the demand of the defendant, to require a report from the General Services Board, and also examine, on oath, the members of such Board, on the subject-matter of the order or the execution thereof; and in any such case, if the Board, or the majority of its members, shall concur in the opinion of the authority giving the order, the fee due to the members of the Board as well as the expenses incurred by them, shall be at the charge of the defendant.

(8) Save as otherwise expressly provided in this Code, any damages arising from any contravention shall be recoverable by the injured party as a civil debt.