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Problem Premises By-law, 2020
- Published in Western Cape Provincial Gazette no. 8220 on 13 March 2020
- Commenced on 13 March 2020
- [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:–"Act" means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);"authorised official" means an employee or employees of the municipality authorised to implement and enforce any or specific 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); or(c)a unit as defined in the Sectional Title Act, 1986 (Act No. 95 of 1986);"city manager" means the person appointed by Council as municipal manager for Drakenstein Municipality in terms of section 56A of the Municipal Systems Act, 2000 (Act 32 of 2000), or his or her delegate;"council" means the municipal council of Drakenstein Municipality;"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) hereafter referred to as the NBR;"occupier" means any person who occupies or has control over any premises;"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 or the occupier of such building or land, 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. 17 of 2002), 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 there for;(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;(g)the municipality is unable to determine the identity of such person, any person who is entitled to the benefit of the use of such building or land or who enjoys such benefit;"problem premises" include any-(a)building or land that has 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 hazardous to human health, 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;(f)building partially completed, or structurally unsound and that shows signs of any of the risks contemplated in paragraphs (a) to (e); or(g)vacant or unoccupied land.
2. Purpose of by-law and application
3. Appointment of authorised officialsThe city manager may appoint officials to implement and enforce any or specific provisions of this by-law.
4. DelegationThe city 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 officials of the municipality.
5. Entry by authorised officials of buildings and land
6. Declaration of problem premises
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 7(3), recover the cost in terms of the Customer Care, Credit Control, Debt Collection and Indigent Support By-law which includes the right of attachment and sale in execution of the building.
9. Vacation of buildings
10. Other applicable by-lawsNothing in this by-law prevents the municipality to act in terms of any of it’s by-laws relating to-(a)fire safety;(b)public nuisances;(c)electricity supply;(d)water and sanitation services;(e)waste management; or(f)land use planning management.
11. Service of a notice
12. Restriction of liabilityNo authorised official 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.
14. AppealA person whose rights are affected by a delegated decision of the municipality in terms of delegated authority may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Municipal Systems Act, (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.
15. Offences and penalties
16. Repeal of by-lawsThe Problem Building By-law promulgated by the Drakenstein Municipality in Provincial Gazette No. 7067. dated 7 December 2012, is hereby repealed as a whole.
17. Short titleThis by-law shall be known as the Drakenstein Municipality: Problem Premises By-law: 2020 and shall come into operation on the date of publication thereof in the Provincial Gazette.
- Entire By-law
- 1. Definitions
- 2. Purpose of by-law and application
- 3. Appointment of authorised officials
- 4. Delegation
- 5. Entry by authorised officials of buildings and land
- 6. Declaration of problem premises
- 7. Compliance notice
- 8. Recovery of cost
- 9. Vacation of buildings
- 10. Other applicable by-laws
- 11. Service of a notice
- 12. Restriction of liability
- 13. Exemption
- 14. Appeal
- 15. Offences and penalties
- 16. Repeal of by-laws
- 17. Short title
History of this By-law
13 March 2020 this versionPublished in Western Cape Provincial Gazette no. 8220By-law commences.