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ETHEKWINI Municipality is getting tough on unscrupulous city building owners which it identifies in monthly blitz operations.
According to eThekwini Municipality spokesperson, Msawakhe Mayisela, the City’s multidisciplinary Problem By-law enforcement blitz conducts the operations with a team made up of city units such as Metro Police, Electricity, Urban Management Zone, Fire and Emergency Services, Water and Sanitation and Business Licencing.
Inner City eThekwini Regeneration and Urban Management Programme (iTrump) Senior Manager, Hoosen Moolla, said despite long on-going legal battles to close down buildings in the city, the team is determined to do its best.
“We are currently regularly profiling more than 90 buildings in the city. Since the implementation of the by-law we have issued a number of summons to transgressors, closed down and forced landlords to revamp their buildings,” he said.
He said profiling entailed regular raids to a building where the supervisor and owner are fined for contraventions. The information gathered at the raid is used in court when legal action is taken against the building owner.
Moolla said closing down a building was not an easy task as it involved staying within the confines of the law and respecting the building occupant’s human rights.
“We cannot just swoop down on a building and evict people without any warning. We also cannot act without permission from a court of law. Profiling is very important as this gives us enough evidence to present our case in court. It shows that we regularly visited the property, spoke to the owner or supervisor and that we have evidence of contraventions of the Problem Building By-law as well as other safety and health by-laws,” he said.
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The by-law outlines steps to identify and label a building as a problem building. This includes buildings that are derelict in appearance or those which are showing signs of becoming unhealthy, unsanitary or unsightly. The building may also be or appear to have been abandoned by the owner regardless of whether or not rates are being paid. A problem building is also one that is overcrowded, illegally occupied or hijacked.
It also outlines steps to be taken to rehabilitate the building and ensure compliance by owners. This includes issuing a notice of intention to declare it as a problem building to the owner and specifying what aspects of the building are in contravention of the by-law and poses safety risks to occupants. The notice will outline steps the owner must take to rectify the problem building within a stipulated time. This includes possible repairs, renovations, submitting a building plan and removing any source of danger among others.
Proposed fines for offenders
THERE are different admission of guilty fines for different offences in terms of this by-law.
The proposed fine for entering, occupying or permitting the occupancy of any problem building which a notice has been served is R5 000.
Hindering an authorised Municipal official from exercising their duty is R1 500.
The proposed fine for failure to comply with a lawful instruction of a Municipal official or in terms of the by-law is R1 500 as is failure to comply with a compliance notice.
The maximum penalty for anyone found guilty of an offence under this by-law is a fine not exceeding R500 000, imprisonment not exceeding three years or both the fine and imprisonment.
The City will be able to issue one summons and combine all the offences in terms of the by-laws and National Building Regulations. This will allow for coordinated action by the various Municipal departments including Metro Police to deal with a problem building. It will also allow the full picture to be presented before the court.
If the matter reaches the High Court, the judge can set a fine up to R500 000.
EThekwini Municipality spokesperson, Msawakhe Mayisela said these are the proposed fines which still have to be approved by the Chief Magistrate. Once approved, the amounts will be made public.
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