Derelict properties sheltered by legislation

ABANDONED properties and derelict buildings have become a major issue in Ward 31, but according to councillor Christopher Pappas, the problem buildings are being protected by legislation.

Pappas, who has investigated a number of abandoned properties where decaying and derelict buildings have been left to rot within the ward, said some of the properties he looked into included the building at 159 East Street, Excelsior Court, the former SAPS pathology laboratory in Currie Road and the old nurses accommodation in Asherville.

He acknowledged that the buildings had become a major social problem, but said the buildings, in particular old government buildings, which provided a haven for criminals and had a detrimental affect on neighbouring property values, were sheltered by legislation.
“For example, action cannot be taken on the East Street property, because there is a problem in determining ownership. This property is in the name of a deceased estate and the municipality is finding it difficult to locate an owner. The Better Buildings Strategy is not driven by this Department – our action is confined to processes pertaining to the National Building Regulations,” he said.

Pappas said the Enforcement and Prosecution Branch of Metro Police had tried to trace the owners for the past three months. He said officials had spoken to one of the sons of the deceased, who denied knowledge and ownership of the property.

“The enforcement officer is following up on all leads to identify a responsible person. The Illegal Rate Code cannot be applied due to Treasury Policy, since the building is occupied,” said Pappas.

Commenting on the government buildings which include the Pathology Lab and Excelsior Court, Dianne Kohler Barnard, Shadow Deputy Minister for Public Works and a resident of Overport, said she had finally ascertained that the former SAPS Pathology Laboratory is not a national Public Works building, but was owned by the KZN Public Works department.
“It is provincial property. The next step is for me to track down the relevant provincial person in this regard. However, in essence, every single fixed asset is controlled by national. As such, various sectors of Public Works pass the hot potato issues forward to another provincial or even municipal division,” she said.

Kohler Barnard said the entire process of tracking down ownership of an abandoned building the public knows or suspects is owned by Public Works is a long and frustrating process.

“I will however have more names on hand, which will give me more people to hound, and I will find the person responsible and get an answer from them for the community,” she said.

Pappas urged departments to get involved as many of the derelict buildings, like Excelsior Court were health hazards. “There are rats all over because of the rubbish, which should be addressed by the health department.”

He said DSW was doing what it could to ensure rubbish was cleared at these buildings, but that it was not sustainable for a truck to be allocated to a building as rubbish was dumped indiscriminately around the property and not placed in bags for collection.