SWOT ANALYSIS OF PUBLIC HEALTH ORDINANCE ACT : SWOT ANALYSIS OF PUBLIC HEALTH ORDINANCE ACT NUISANCES Cover Page

: Cover Page Name of Project: SWOT Analysis Of Public Health Ordinances Nuisances Act CRN: 23784 Course Code: ENVH 223 Name of Lecturer: Dr. Deryck D. Pattron. Campus: City Campus Group Members : Group Members Azam A. Mohammed Laura Hyacinth Richard Nadram Dakota Malco Giselle Khan Neila Nedd Samantha Grant Germaine Gabriel Introduction : Introduction The Public Health Nuisance Act was established in the year 1917. It was established as one several Acts under the Public Health Ordinance. The Nuisances Act was used to help clarify anything deemed a nuisance and offer measures to eliminate the nuisances. The purpose of SWOT analysis : The purpose of SWOT analysis The purpose of the SWOT Analysis on the Public Health Ordinance Nuisance Act are as follows:- -To take advantages of strengths and opportunities in the Act. -To minimize any weaknesses and/or eliminate all threats to the Act. -To ensure that the Nuisances Act is carried out most efficiently. The purpose of SWOT analysis : The purpose of SWOT analysis The SWOT analysis is used to influence change. It allows one to think outside the box. Allows individuals to develop strategies to achieve objectives. Methodology : Methodology The entire Nuisance Act was read by several members of the group. Different members were assigned the task of analyzing each part of the act for the strengths, weaknesses, opportunities and treats. Definition of nuisance : Definition of nuisance A nuisance is described as categories of inconveniences that happens as a result of the use of an individuals property in a very unreasonable and unwarrantable manner. Categories of nuisances : Categories of nuisances According to the Public Health Ordinance Nuisance Act Nuisances are in the following categories: Any premises (or part of premise) that are in a decayed, ruinous, filthy or unwholesome state that are likely to be injurious to ones health. Any street, ditch, sink, cistern, pool, barrow pit, watercourse, drain, gutter, privy, dustbin, or manure pit that are in a foul state or badly situated as to cause obstruction to individuals. Categories of nuisances : Categories of nuisances Any stable, cowshed, pig-sty, or any animal (or animals) that are kept for the purposed matter deemed injurious to the health of individuals. Any animal that is kept and are injurious to ones health. Any accumulation or deposit of any material wherever situated that is injurious or is a nuisance. Categories of nuisances : Categories of nuisances Any work, manufactory, trade, or business injurious to the health. Any house ( or part of a house) or any other structure used for human dwelling that is overcrowded, whether the dwellers are from the same family or not. Any school, factory, workroom, shop, office or warehouse that are : a) too unclean to the point of being a health hazard. Categories of nuisances : Categories of nuisances Any school, factory, workroom, shop, office or warehouse that are : b) not so ventilated as to let harmful gases, vapours, dust and other impurities out. c) too overcrowded as to be a health hazard. d) not provided with proper privy accommodation. Categories of nuisances : Categories of nuisances Any offensive trade or business that is injurious to the health or offensive to the public. Any drainage, refuse or washings from any town that falls into a harbour or any water course. Any church yard or cemetery that is too overcrowded. Categories of nuisances : Categories of nuisances Any well or water supply unsuitable for drinking purpose. Any chimney emitting black smoke that can be harmful to the health.

Abatement : Abatement Abatement describes any act that is used to completely terminate a nuisance. This is made possible by court orders and notices. Once a nuisance has been abated, the perpetrator must appear in court or have the option of paying a fine. Strengths : Strengths The strengths of the Public Health Ordinance defines : The internal characteristics that are advantageous to the Public Health Ordinance Act. This will indicate competitiveness of the system. Strengths : Strengths Abatement notices can be served to perpetrators of nuisances. All nuisances can be abated under a magistrate. There is a fine system if there is failure to comply. There exists a prohibition order to prohibit recurrence of nuisances. Strengths : Strengths Abatement for nuisances has been firmly stated, so nuisances can be taken seriously. It allows the local authority to inspect their district for the purpose of ascertaining nuisances that may exist. It allows local authorities to enforce the powers vested in them that relate to public health so that proper sanitary conditions of all premises within a certain district can be maintained and secured. Strengths : Strengths It aims to eliminate several nuisances and thus improve health of individuals. The Ordinance Nuisance Act clearly defines many nuisances. Punitive measures for any breeches have been established. Strengths : Strengths Reports of nuisances can be given to the local authority by any person. When reports of nuisances are given and the local authority is satisfied that a nuisance does in fact exist a notice can be served to the person who might be deemed responsible for the nuisance. Strengths : Strengths Closing order may be issued to deter any home that is used for human habitation to be prohibited. This is important to the health of the individual. Closing orders can be cancelled if the nuisance problem is solved. Strengths : Strengths The person responsible for the nuisance has a specific time in which to rectify the nuisance under this act. The act also gives local authority the power to rectify any nuisances themselves in cases where the owner or occupier cannot be found. Persons can be fined if they do not comply with any requisitions of any notice given by local authorities with in the specif ied time and also if the nuisance in question was wilfully done by the person in question. Strengths : Strengths The act also has the advantage of allowing local authorities to the person causing the nuisance before the magistrate. Also in this part of the ordinance a person can be served with three (3) orders nuisance order, abatement order and a prohibition order. Another strength of the nuisance act is that any matter that is removed by the local authority to prevent reoccurrence of the nuisance can be sold or disposed off otherwise and the money arising from such a sale can be retained by the authority for payment of any expenses incurred by them in relation to the nuisance. Weaknesses : Weaknesses The weaknesses of the SWOT Analysis indicate: -Internal forces within the system. -Barriers that can render the system (Public Health Ordinance Act) to have competitive disadvantages. Weaknesses : Weaknesses -Most of the weaknesses to the Trinidad and Tobago Public Health Act Nuisances arise from the age of the act and the need for it to be updated to be more relevant and appropriate to present times. -The fine in clause 80 needs to be increased. Twenty four dollars were probably a lot of money back then. In the present time, that fine will not deter anyone from committing any act that is classified as a nuisance. Weaknesses : Weaknesses Time taken for legal documents to be processed is not stated. There is not a designated court assign for public health matters. Locating individual both in rural and urban areas may be difficult since owners may die and not transfer property to anyone else. Weaknesses :

Weaknesses There could have been the mention of drag-racing in the nuisance act instead of using other legislations for that particular activity. Individuals may not be able to afford a large enough house to house all members of the household. Therefore, overcrowding can not be avoided. Weaknesses : Weaknesses There is no mentioning of noise in the category of nuisances. Noise is as much a nuisance as any of the tangible nuisances mentioned. The nuisances identified in the Act is limited and does not include and array of situations that are deemed nuisances in present times. There is no reference to dangerous dogs such as pit bulls which could have been categorize as a nuisance. Weaknesses : Weaknesses These fines and penalties would fail to be a deterrent to offenders as they would be more than affordable. Likelihood of offenders reoffending due to affordable fines. Weaknesses : Weaknesses There is no mentioning of air pollution from car exhaust or factories. Smoke from chimneys are mentioned but it is not applicable to tropical countries like Trinidad & Tobago since chimneys are used only in cold countries. Weaknesses : Weaknesses There is no clause concerning indoor smoking either at home or in the workplace. There are many business places where indoor smoking is practiced such as in bars and restaurants and in extreme cases such as offices or in the washrooms of businesses. Weaknesses : Weaknesses The Ordinance could have discerned what is meant by the term matter or thing when describing th e sale of any matter or thing by the local authority in abating (see Clause 76). Matter or thing can refer to garbage. Can garbage have a resale value Weaknesses : Weaknesses Most Acts are supposed to state an alternative to a fine such as imprisonment. There is no mentioning of imprisonment. Without imprisonment, there is no way that any criminal actions as regards nuisances can be deterred. Opportunities : Opportunities The opportunities of the SWOT analysis of the Ordinance Act defines: External forces in the system. Advantageous prospects for changing the environment in a positive manner. Opportunities : Opportunities Allowing cleanliness in an area by letting Local Authority do regular visits. Prevention of infestations by pests such as rats, mosquitoes, roaches etc. since proper sanitary conditions for cesspits, sinks, cisterns, drains,gutters and privies has to be established. Opportunities : Opportunities Animal waste pollution can be deterred. The Act allows proper habitation by stressing the importance of proper dwelling houses. This will encourage all housing authorities to build houses that are suitable for human dwelling. Opportunities : Opportunities Allows individuals to be more considerate to their fellowmen and not use their property to cause hindrance to others. Allows individuals to respect the environment and keep it in a suitable sanitary condition. Allows privies and dustbins to be prevented from malicious damage. Threats : Threats Threats within the Ordinance Act include: a) External forces within the system (unlike weaknesses that were internal forces). b) Prospects that could harm the Ordinance Act and render it futile. Threats : Threats Insufficient man power in regards to health inspectors, because public health is not much discussed in government. Police constables may use excess force in dealing with nuisances such as brutality on citizens. Threats : Threats Health inspectors and other Local Authorities do not regularly visit premises but only occasionally as a result, there may not be much investigations of nuisances. It is a possibility that individuals can dispose garbage on anothers property and t he owner of that property can be blamed for hoarding garbage.

Threats : Threats If a case has be brought fort as a result of a nuisance, evidence of a nuisance can be destroyed if the person responsible for the nuisance simply removes that nuisance. There may be some people who can bend the legal system of the Nuisance if they hire competent lawyers. Conclusion : Conclusion As regard the SWOT Analysis on the Public Health Ordinance Nuisance Act, the weaknesses and threats have overpowered the strenghts and opportunities. This clearly indicates that the Act needs to be updated. An Act that was applicable for 1917 will not be effective for 2012 as changes have occurred in this country economically, legally ,politically and environmentally. References : References Public Health Ordinance Act (1917) MindTools.com (2001).SWOT Analysis. March,9,2012 from http://www.mindtools.com/pages/article/newTMC_05.htm