Residents battle with abandoned property

The abandoned property, in Benbow Street, has suffered at the hands of vandals over the years and now residents are forced to contend with a man who they believe is illegally occupying the house.

Residents said that although the Jeppe SAPS apprehended the man, he returned a day later and refuses to move.

Emergency Management Services (EMS) has also been on site to extinguish fires made by the man.

A resident, who did not want her name published, said the house was squatted in, in 2008.

The Red Ants evicted the people the following year, but others moved into the property soon after.

Everything of value from the house was either removed or damaged.

Soon after, the house was burnt. Residents are still unsure what, or who, caused the fire.

Aggravated residents have now decided to barricade the house to prevent people from entering the property.

Ms Tessa Abramovitz said the house is an eyesore and her worry is the impact it will have on other property values.

“It poses a threat to us because criminals who want a place to hide can move in. The dumping is unbearable and the man who moved in is posing a danger to surrounding houses by lighting fires.

“I have contacted council officials on numerous occasions but to date I have received no help on the matter,” she said.

Although the property is still privately owned, residents believe council should intervene to make sure illegal activities cease. Residents want council to hold the owner responsible for his property being a mess, for allowing the property to deteriorate further and for not putting measures in place to prevent the house being hijacked.

Residents believe the man who is currently occupying the house should be removed, charged for contravening the city’s bylaws or arrested.

Clr Carlos da Rocha, of ward 66, said he reported the complaints received about the house to council.

“The problem is that the property is privately owned, so the city cannot just go there and take action. If the city’s attempts to find the owner fails, if the owner owes rates and if the house is a hazard to the community, then council can take the matter to court. This process can take years,” he said.

Brigadier Govindsamy Mariemuthoo, the Jeppe SAPS station commander, said he is trying to find a solution to the problem. “The sector manager has been to the house. We cannot act unlawfully. The city has to investigate the problem and contact the owner. I will, however, send the sector manager to the property again to see what we as the police can do. We will consider the options and measures we can put in place,” he said.

The Johannesburg Metropolitan Police Department (JMPD) spokesperson, Superintendent Edna Mamonyane, said the JMPD cannot take action because it is private property.

“Lighting fires such as the one explained is against the EMS’ bylaws. EMS can issue fines for that. If the City of Johannesburg gets a court order, we can go in to help when an eviction takes place,” she said.

Ms Nana Radebe, from the EMS, said it is against the bylaws to light fires that endanger a person’s life. Any person caught could face a R500 fine. She said residents should contact the EMS when the man starts a fire and they will attend to it.

Mr Shaun O’ Shea, from Region F, said the city’s legal and special investigations unit has dealt with problems at the property previously and the file was closed in 2009.

According to information obtained from the legal department by Mr O’ Shea, the city obtained a court order in 2009 for the demolition of illegal structures at the property and an eviction. The revenue department pursued legal action in 2008 but never finalised the action because they could not trace the property owner.

After the execution of the order in 2009, no further action was pursued because the “matter was resolved”. Officials said that they were only made aware of the current situation through the EXPRESS’ enquiry.

While the ownership of the property has not changed according to the title deeds, the city still cannot locate the owner.

Although the property is privately owned, officials stated that the city can look at ways of securing the property. This will, however, probably require the provision of alternative accommodation.

“Due to the ongoing problems, the urban inspectors will be requested to reinvestigate the situation and provide a full report. The residents may also wish to have a consultation with our legal and special investigations unit regarding the hijacking of the property,” said Mr O’ Shea.

He advised residents to contact Mr William Pudikabekwa on 011 080-9302 for a consultation.