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Problem Property By-law By-law, 2020
- Published in Western Cape Provincial Gazette no. 8362 on 27 November 2020
- Commenced on 27 November 2020
- [Up to date as at 28 May 2021]
PreambleNoting the constitutional mandate of municipalities to administer the regulation of buildings within their jurisdiction and to control public nuisance;Noting the need to identify problem properties and to take the necessary measures to ensure compliance with the City’s by-laws, policies and plans and legislation related to property and the use of property;And noting that the principal purpose of this By-law is to secure compliance rather than demolition and re-development;Be It therefor enacted by the Council of the City of Cape Town as follows: —
1. DefinitionsIn this By-law, unless the context indicates otherwise-"authorised official" means an employee of the City responsible for carrying out any duty or function or exercising any power in terms of this By-law or any other applicable by-law and includes an employee delegated to carry out such duties, functions or exercise such powers;"building" includes-(a)any structure, whether of a temporary or permanent nature and irrespective of the materials used in the erection thereof, erected or used for or in connection with the-(i)accommodation or convenience of human beings or animals;(ii)manufacture, processing, storage, display or sale of any goods;(iii)rendering of any service;(iv)destruction or treatment of refuse or other waste materials;(v)cultivation or growing of any plant or crop;(b)any wall or part of the building;"City" means the City of Cape Town, a municipality established by City of Cape Town Establishment Notice No. 479 of 22 September 2000, issued in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) or any structure or employee of the City acting in terms of delegated authority;"licensed waste disposal facility" means a site, or premises which is licensed in terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) and used for the accumulation or disposal of waste;"National Building Regulations Act" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);"owner" means-(a)the person or trust in whose name the property is registered in the relevant deeds office; or(b)if the property affected is a sectional title unit, the registered owner of the sectional title;"problem property" means any property that has been declared under section 10 to be a problem property;"property"-(a)means any piece of land registered as a separate entity of land in a deeds registry as an erf, lot, plot, farm, stand or agricultural holding and includes any unit and land contemplated in the Sectional Title Act, 1986 (Act No. 95 of 1986); and(b)includes any building on that piece of land.
2. Application of this By-lawThis By-law applies to all properties within the area of jurisdiction of the City including properties owned by the State.
Part 2 – Duty and liability of owners
3. Duty of owners
4. Duty to take measures
5. Liability of owners for damages and costs
Part 3 – Investigation and compliance orders
7. Compliance notice
8. Failure to comply with compliance order
Part 4 – Declaration of a problem property
9. Notice of intention to declare a problem property
10. Declaration of a problem building
11. Owner’s failure to comply with the declaration
Part 4 – Appointment of administrator
12. Appointment of administrator
Part 5 – Evacuation, eviction and demolition
Part 6 – Enforcement
17. Civil proceedings
18. Administrative fines
19. Offences and penalties
Part 7 – General
20. AppealsAny person, who objects to a compliance notice, declaration or administrative fine issued by an authorised official, may appeal to the City Manager in terms of section 62 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).
21. Appointment of authorised officialsThe delegated authority may appoint authorised officials to implement this By-law and may appoint such official as a building control officer in terms of section 5 of the National Building Regulations Act.
22. DelegationThe City Manager is authorised to exercise all the powers and perform all the duties and functions conferred on the City under this By-law and may delegate such powers and functions to authorised officials other than the powers and functions contemplated in this section and sections 20.
23. Powers of authorised officials
24. Form of notices, declarations and sign boardsThe City Manager must determine the form of the notices, declarations and sign boards that are required to be issued or erected in terms of this By-law.
25. Service of notices
26. IndemnityThe City and any authorised official are not liable for any damages caused by anything lawfully done or omitted by the City or the authorised official in carrying out any function or duty in terms of this By-law.
27. RepealThe City of Cape Town: Problem Building By-law, 2010 as published in the Provincial Gazette 6767 of 31 March 2010 is hereby repealed.
28. Short titleThis By-law is called the City of Cape Town: Problem Property By-law, 2019.
- Entire By-law
- 1. Definitions
- 2. Application of this By-law
- Part 2 – Duty and liability of owners
- Part 3 – Investigation and compliance orders
- Part 4 – Declaration of a problem property
- Part 4 – Appointment of administrator
- Part 5 – Evacuation, eviction and demolition
- Part 6 – Enforcement
- Part 7 – General
History of this By-law
27 November 2020 this versionPublished in Western Cape Provincial Gazette no. 8362By-law commences.