(1) If within the period specified in an enforcement notice, or such extended period as the Head of the Physical Planning and Development Division may allow, any steps required by the enforcement notice to be taken other than the discontinuation of any use of land have not been taken, the Head of the Physical Planning and Development Division may personally or by persons under his or her authority or by contractors enter upon the land and take those steps and may recover any expenses reasonably incurred for those purposes from the person who is then the owner of the land.
(2) A person who obstructs or interferes with the exercise of the power vested in the Head of the Physical Planning and Development Division by subsection (1), commits an offence and is liable on summary conviction to a fine not exceeding $10,000.
(3) In any proceedings for the recovery of expenses filed by the Head of the Physical Planning and Development Division under subsection (1), if the defendant, having been entitled to appeal to the Court under section 38, failed to make such an appeal, he or she shall not be entitled to dispute the validity of the action taken by the Head of the Physical Planning and Development Division under subsection (1) on any ground that could have been raised in such an appeal.
(4) All the expenses incurred by the owner, occupier or developer of any land for the purposes of complying with an enforcement notice served under section 37 in respect of any development, and any sums paid by the owner of the land to the Head of the Physical Planning and Development Division in respect of the expenses incurred by the Head of the Physical Planning and Development Division under subsection (1), shall be held to have been incurred or paid for the use and at the request of the person by whom the unauthorised development was carried out or by the person who failed to meet the conditions subject to which approval was granted.