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Problem Building By-law, 2012
- Published in Western Cape Provincial Gazette no. 7067 on 7 December 2012
- Commenced on 7 December 2012
- [Up to date as at 9 April 2021]
1. DefinitionsIn this by-law, the English text shall prevail in the event of an inconsistency between the different texts, and unless the context otherwise indicates:"authorised official" means an employee of the Municipality authorised by the Municipality to implement and enforce the provisions of this By-law;"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, fence or part of a building, including a building as defined in paragraph (a);(c)a unit as defined in the Sectional Title Act, 1986 (Act No. 95 of 1986); and(d)any vacant or unoccupied erf;"Municipality" means the Drakenstein Municipality established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, 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;"National Building Regulations" means regulations issued in terms of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);"owner" in relation to a building or land means the person in whose name the land on which such building was or is erected, as the case may be, is registered in the deeds office in question and includes a person in charge of such building: Provided that if:(a)such person, in the case of a natural person, is deceased or was declared by any court to be incapable of managing his or her own affairs or a prodigal or is a patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973), or if his or her estate has been sequestrated, the executor or curator concerned, as the case may be;(b)such person, in the case of a juristic person, has been liquidated or placed under judicial management, the liquidator or judicial manager concerned, as the case may be;(c)such person is absent from the Republic or if his or her whereabouts are unknown, any person who, as agent or otherwise, undertakes the management, maintenance or collection of rentals or other moneys in respect of such building or who is responsible therefor;(d)the mortgage bond is registered in favour of a financial institution, that financial institution;(e)in the case of a sectional title scheme, a sectional title unit is registered in the name of a person, that person;(f)in the case of a sectional title scheme, a body corporate responsible for the control, administration and management of the common property; or(g)the Municipality in question is unable to determine the identity of such person, any person who is entitled to the benefit of the use of such building who enjoys such benefit;"problem building" includes any:(a)building or land that have been abandoned or appears to have been abandoned by the owner with or without the consequence that rates or other service charges are not being paid;(b)building or land that is derelict in appearance, overcrowded or showing signs that it is unhealthy, unsanitary, unsightly or objectionable;(c)building or land that is the subject of complaints from the public including complaints in respect of criminal activity taking place in or at such building or land;(d)building or land that is illegally occupied;(e)building or land where refuse or waste material is accumulated, dumped, stored or deposited; or(f)building partially completed, or structurally unsound and that shows signs of any of the risks contemplated in paragraphs (a) to (e).
2. Principles and application
3. Appointment of authorised officialsThe municipal manager may appoint officials to implement and enforce the provisions of this by-law.
4. DelegationThe municipal manager may exercise all powers, duties and functions conferred upon the municipality in terms of this by-law and may delegate all or any of such powers, duties and functions to authorised officials.
5. Entry by authorised officials of buildings and land
6. Declaration of a building or land, a problem building
7. Compliance notice
8. Recovery of costThe municipality may, if the owner fails to pay the cost contemplated in section 7(2), or if costs have been incurred for any steps taken in terms of subsection (3), recover the cost in terms of the Customer Care and Revenue Management By-law which may include the right of attachment and sale in execution of the building.
9. Vacation of buildings
10. Service of a notice
11. Restriction of liabilityNo authorised employee shall be liable in respect of anything done in good faith in the exercise of a power or the performance of a duty conferred or imposed in terms of this by-law.
13. AppealA person whose rights are affected by a decision of the municipality in terms of delegated authority may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
14. Offences and penaltiesA person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to:(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment;(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued; and(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
15. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
16. Short titleThis by-law shall be known as the Drakenstein Municipality: Problem Building By-law and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Principles and application
- 3. Appointment of authorised officials
- 4. Delegation
- 5. Entry by authorised officials of buildings and land
- 6. Declaration of a building or land, a problem building
- 7. Compliance notice
- 8. Recovery of cost
- 9. Vacation of buildings
- 10. Service of a notice
- 11. Restriction of liability
- 12. Exemption
- 13. Appeal
- 14. Offences and penalties
- 15. Repeal of by-laws
- 16. Short title
History of this By-law
7 December 2012 this versionPublished in Western Cape Provincial Gazette no. 7067By-law commences.