summon against illegal erection of shade of the roof
1.this is a metal shade erected by my tenant.
2.tenant has evacuated in my premises.
3.the shade is removed now.
4.what can i do if i attend the court?
- N70Lv 71 十年前最愛解答
In pursuant to s.24(2)(a) of the Buildings Ordinance (Cap. 123), an order for removal of illegal structures shall be served on the owner of the premises. Hence, the liability rests on you, as the owner, even if the shade was erected by your tenant.
You received a summon, which means that the Building Authority had initiated prosecution action against you for failing to comply with their removal order.
In any case, staff of the Buildings Department have to inspect your premises before the court hearing and the prosecutor will inform the magistrate of the updated situation. But if you have removed the shade already, contact them directly and request for a compliance inspection. See if you can get their compliance letter before the court hearing.
You should attend the court in any case. All you can do is to tell the magistrate that you have removed the shade already. Whether or not there will be fines on you is at the magistrate's decision.