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Management of Premises Provided by the Municipality for Dwelling Purposes By-law, 2007
- Published in Western Cape Provincial Gazette no. 6426 on 16 March 2007
- Commenced on 16 March 2007
- [Up to date as at 9 April 2021]
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine; the singular includes the plural and vice versa; the Afrikaans text shall prevail in the event of an inconsistency between the different texts; and unless the context otherwise indicates:—"municipality" means the Municipality of Drakenstein established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), Provincial Notice 488 dated 22 September 2000 and includes any political structure, political office-bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office-bearer, councillor, agent or employee;"occupier" means the tenant of premises or his spouse or their major children or any other person authorised by the municipality to reside on any premises;"premises" means and includes dwellings, outbuildings and land provided by the municipality for dwelling purposes;"tenant" means a person whose name is entered in the municipality’s register as the occupier of premises.
2. SublettingA tenant shall not sublet the premises occupied by him or any portion thereof.
3. Use of premises
4. Conduct of occupiersNo person shall at any time on any premises cause any disturbance or use indecent or obscene language or behave in an improper, indecent or objectionable manner causing or which is likely to cause a breach of the peace.
5. Structures and additionsNo structures of any kind whatsoever shall be erected on premises, and no premises shall be altered in any way without the written permission of the municipality.
6. Keeping of animalsThe occupant of a flat may keep only one cat. The keeping of animals on other premises will be subject to the By-law relating to Public Nuisances and the Keeping of Animals.
7. Prevention of overcrowdingNo latrine or any passage, staircase, landing, cupboard or any outbuilding, tent, storeroom, lean to, shed, cellar or loft in or pertaining to premises shall be used for sleeping purposes without the written permission of the municipality.
8. Payment of rentalRental shall be payable as determined by the municipality and in case of non-payment or failure to pay rental in good time, the measures laid down in the municipality’s credit control and debt collection by-law shall be applied.
9. Breach of by-lawIn the event of a breach of sections 3 or 5, the municipality may give the occupier seven days’ written notice addressed to him at the dwelling requiring him to cease any unauthorised use of the premises or to repair any defects, and if the occupier fails to give effect to such notice the municipality take the necessary steps to end such unauthorised use or to repair such defects at the expense of the tenant. Any action taken against the tenant under this by-law shall in no way deprive the municipality of the right to recover any amount owing to the municipality by the tenant or to recover any damages suffered.
10. Inspection of premisesAny duly authorised employee of the municipality shall be entitled to inspect premises at any reasonable time and no person shall prevent or hinder any such employee from so doing.
12. Repeal of by-lawsThe by-laws listed in the schedule hereto are hereby repealed to extent indicated in the third column thereof.
13. Short title and commencementThis by-law shall be known as the By-law relating to Management of Premises Provided by the Municipality for Dwelling Purposes and shall come into operation on the date publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Subletting
- 3. Use of premises
- 4. Conduct of occupiers
- 5. Structures and additions
- 6. Keeping of animals
- 7. Prevention of overcrowding
- 8. Payment of rental
- 9. Breach of by-law
- 10. Inspection of premises
- 11. Penalty
- 12. Repeal of by-laws
- 13. Short title and commencement
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.
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