(1) The Chief Engineer may by notice to the occupier or owner of the premises adjoining the highway, require him or her within 3 months from the date of the service to construct or erect and thereafter to maintain such gutters, down pipes, channels or covered watercourse of suitable material so constructed and laid as may be necessary to prevent—
(a) water from the roof and any other part of the premises falling upon persons using the highway; or
(b) so far as reasonably practical, surface water from the premises flowing on to or over the footway of the highway.
(2) The notice may be served on the owner of the premises in question instead of the occupier or may be served on both the owner and the occupier of the premises.
(3) If a person, on whom a notice is served fails to comply with a requirement of the notice within the period specified in subsection (1), he or she commits an offence and is liable in respect thereof to a fine not exceeding $100, and if the offence in respect of which he or she is convicted is continued after the conviction he or she commits a further offence and is liable in respect thereof to a fine not exceeding $10 for each day in which the offence is so continued.