Revised Laws of Saint Lucia (2021)

10.   Compulsory execution of works by Sewerage Authority and payment therefor

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   (1)   Subject to the right of appeal provided in section 11 if the owner of any premises has failed to provide a satisfactory system of drainage after a notice has been served on him or her pursuant to section 9 hereof, or if it shall appear to a Sewerage Authority that the owner of any premises should carry out certain drainage works to such premises but is unlikely to be able to make a present payment of the amount of the expenses necessary to be incurred for the drainage of such premises, then the Sewerage Authority may, subject to any general or special agreement with such owner, itself carry out the said works and the expenses thereby incurred with interest thereon (if any) computed from the date of completion of the said works shall form a charge having the effect of a legal hypothec against the said premises, and such hypothec shall have priority as from the date of registration of the notice in the Form A referred to in the preceding section. The hypothec hereby created shall be deemed to extend to any expenses lawfully paid to the Registrar of Deeds and Mortgages in connection with the registration or withdrawal of the hypothec in pursuance of the other provisions of this section.

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   (2)   The hypothec created by subsection (1) shall be in favour of the Sewerage Authority and the Sewerage Authority shall have all the powers and remedies conferred on mortgagees by any law in force.

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   (3)   The Sewerage Authority shall, prior to the commencement of any work the cost or, where the actual cost is not known, the estimated cost of which will constitute a hypothec on the premises on or in respect of which the same is done, serve on the Registrar of Deeds and Mortgages a notice in the Form B in Schedule 2 hereto stating that the work specified in Form A is about to be commenced and specifying the property that will be the subject of such hypothec, the name of the owner thereof and the cost of the said work (including the rate of interest) and thereupon the Registrar shall enter such notice in the appropriate volume of the Register Book and such notice shall constitute a legal hypothec against the said premises.

If on completion of the said work the actual cost thereof differs from the estimated cost the Sewerage Authority shall issue a certificate in the Form C in Schedule 2 hereto stating the actual cost of the work. The certificate shall be registered and on registration thereof the cost of the said work as mentioned in the aforesaid notice shall be deemed to be altered accordingly.

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   (4)   An entry on the Register of a notice under subsection (3) shall be deemed to constitute actual notice to all persons that a legal hypothec exists against the premises therein referred to and such hypothec shall have priority as mentioned in subsection (1).

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   (5)   In making any entry on the Register under subsection (3) the Registrar of Deeds and Mortgages shall accept as conclusive the statements contained in the notice in the Form B creating a legal hypothec or as modified by the certificate of actual cost of the work on completion thereof as the case may be submitted to him or her by any duly constituted officer of a Sewerage Authority.

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   (6)   A Sewerage Authority may agree that any expenses recoverable by the Authority under this section shall be payable with interest by instalments within such period as it thinks fit, until the whole amount is paid.

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   (7)   On payment of all expenses and interest secured by the hypothec, the Sewerage Authority shall issue a certificate of discharge in the Form D in Schedule 2 hereto and on registration of such certificate the hypothec existing against any premises thereby affected shall be withdrawn.

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   (8)   Where an owner being served with a notice in the Form A in Schedule 2 hereto has complied therewith the Sewerage Authority shall inform the Registrar of Deeds and Mortgages in writing that the provisions of the said notice have been complied with, whereupon the Registrar shall cancel the registration of the said notice and sign the same.

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   (9)   Every Sewerage Authority shall keep at its offices a register of all expenses incurred in respect of work performed by the Authority under this section, and shall show in such register the total amounts thereof, the instalments in which the same have been incurred, the rate of interest payable, the name of the owner of the said premises and the balances outstanding; and shall keep such register open at all reasonable times to the inspection of any person, free of charge. Such register and any extract therefrom, certified by any person authorised by the Sewerage Authority in that behalf, shall, in any proceedings for the recovery of such expenses or interest thereon or any instalments thereof, be prima facie evidence of the matters contained therein.

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   (10)   Any sums which a Sewerage Authority is entitled to recover under this Act may be recoverable summarily as a civil debt in any court of competent jurisdiction.

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   (11)   A Sewerage Authority may itself or by any of its officers or by any person generally or specifically authorised in writing by such Sewerage Authority sue for any sum recoverable under this Act or prosecute for any contravention of, offence against or default in complying with any provision of this Act if the contravention, offence or default is alleged to have been committed within the sewerage area coming under the jurisdiction of the Sewerage Authority.