Commentary on Sections Removal of graffiti Section 51: Appeals
114.Section 51 sets out grounds and processes for appeal. Subsection (1) allows appeal to be made to a magistrates’ court within 21 days of the serving of the notice. Subsection (2) allows appeal on the grounds that the graffiti does not merit removal or in connection with the notice. Under subsection (3) any notice is suspended pending the appeal. Subsection (4) requires the court either to quash or modify the notice, or to dismiss the appeal. Subsection (5) allows the court to extend the period specified in the notice when it does not allow the appeal. Subsection (6) allows appeal on the grounds that the amount charged is excessive. Subsection (7) requires the court either to confirm the amount the authority seeks to recover or to substitute a lower amount.