ABANDONED properties have raised the ire of Durbanites for many years. Not only are these properties unsightly, but they are also often used for illicit activities. However, authorities are hopeful that the recently passed ‘Problem Buildings By-Laws’ will bring some relief to the often volatile issue.
The law targets abandoned, vacant, invaded and neglected properties, and aims to provide a structure to facilitate the identification, control and rehabilitation of problem buildings by establishing offences and penalties.
Durban North has also had its fair share of ‘problem buildings’, with one derelict property on Kiaat Place especially raising frustration and concern for the surrounding community. For more than two years, residents have fought with the owner of an abandoned house to clear up his land, which had become a haven for vagrants, rats and snakes, and other problems.
What’s more, in February reports surfaced that the property had also become a den for sexual activities. This after a number of pornographic magazines and DVDs, as well as used condoms, were found scattered among old mattresses that had been set up inside the house.
“These properties quickly become a haven for criminals, this has been proven over and over again. The illegal trade of scrap metal is also particularly fed by this prevalent issue. Once criminals learn of an abandoned property it becomes easy pickings and they strip the property clean – creating supply and demand,” said Brian Daish, chairman of sector 4 of the Greenwood Park Community Police Forum.
According to ward councillor, Shaun Ryley, these properties also lower the value of the surrounding properties. The new by-laws form part of the city’s regeneration strategy, designed to restore Durban to its former glory, according to acting deputy city manager for economic development and planning, Musa Mbhele.
“The purpose of the regeneration programme is to reclaim abandoned buildings and urban spaces, attract new innovative investment and ideas, social housing and the connectivity and integration of different modes of transport,” he said last week.
Owners of these problem buildings will be legally required to rectify the contraventions of risks identified by the municipality. Failure to comply could result in either a fine and/or an eviction. In some incidences the municipality would have the authority to ‘remedy’ the contravention and recover the costs form the owner.
Ryley said he welcomed the new by-laws, just as he had with the newly gazetted ‘nuisance’ by-laws, but also raised concerns over enforcement. “To this point we have had major issues in terms of lack of concern with regards to abandoned and vacant buildings from both Metro Police and SAPS. So we are hoping that the new by-laws will encourage action to be taken,” he said.
He urged residents in light of the development to report suspected and suspicious houses to authorities.
According to the eThekwini Municipality a problem building refers to a building or portion of a building which: Is derelict in appearance or is showing signs of becoming unhealthy, unsanitary, unsightly, or objectionable
-Has been abandoned by the owner, or appears to have been abandoned by the owner, regardless of whether or not rates or service charges are being paid
-Is overcrowded
-Has been hijacked
-Has been the subject of one or more written complaints, charges or convictions regarding criminal activities being conducted in the building, as confirmed in writing by a member of the Durban Metropolitan Police Service or the South African Police Service
– Is illegally occupied
– Has refuse or waste material unlawfully accumulated, dumped, stored or deposited
– Has been unlawfully erected or has a part which has been unlawfully erected
– Has been changed and its subsequent usage is unauthorised
– Is partially completed, or structurally unsound or showing signs thereof, and is or may be a threat or danger to life and property
– Is in contravention of one or more of the Municipality’s by-laws.
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