Problem buildings bylaw welcomed but…

A STERN warning was issued last week by eThekwini Municipality to ‘unscrupulous landlords’, but with problem buildings a big issue on the Bluff, many locals are unsure they can follow through on said threat.

The municipality said they will raid and close down buildings that continue to contravene health, safety and building bylaw regulations – this following a raid on a building in town on Wednesday, 27 January.

iTrump senior manager, Hoosen Moolla said the closure served as a warning to other unscrupulous landlords who were contravening city regulations and that their closure list included upwards of 120 buildings.

The closure will be possible through the newly-gazetted Problem Building Bylaw, which aims to provide for the identification, control and rehabilitation of problem building.

With the Bluff and surrounds having multiple problem buildings, many locals hope the bylaw will mean action, which they believe has been lacking in recent years.

“In most wards there are properties which have been abandoned for various reasons. They are eyesores because they have been stripped of fixtures and fittings, their gardens overgrown and unkempt. Such properties are havens not only for rats and snakes but also for criminal elements,” said ward 66 councillor, Duncan Du Bois.

With this in mind, he has drafted questions for the February council meeting. He asked how much in rates is owed to the municipality by abandoned properties among other pertinent questions.

The Bluff Alliance (BA) has long fought for problem buildings on the Bluff to be taken done. The BA’s Ivor Aylward said he agrees the municipality has to take action, but they should first look at themselves.

“The municipality is playing the same game in Donnelly Road on the Bluff,”said Aylward.

According to him, the buildings, which are owned by the municipality, pose a major health hazard to the occupants and the neighbourhood. He said they had brought the matter up at meetings with officials numerous times over the last five years, but nothing had been done to improve the living conditions for the residents.

“Regarding derelict buildings on the Bluff, the Sun, South Durban Basin Area Based Management office and our ward councillor have witnessed the endless effort and time I put into trying to get these decaying, rotten, unhealthy, buildings people are living in demolished. As normal it was all talk by departments and no action was taken against these slum lords.

In my opinion, it is no use implementing these bylaws if it’s only going to be a once off thing and it is not seen through to eradicate this problem that has crept into our suburbs and the province.

It is as if we have become lawless. People can live anywhere and anyhow. The Law and the government have failed us. How are we going to fix the problem? Clean up your own back yard up first.

The Bluff’s Community Policing Forum (CPF) welcomes the initiative.

“We have a few problem building on the Bluff,” said CPF chairman, Carl Knauff.

He named a building in Bluff Road that was earmarked for being demolition, but remains standing and a problematic Hilltop Road house as examples.

“It is about time this problem is addressed. The Act on dilapidated buildings came into effect mid-2015,” he said.

“The municipality has done very little to close these buildings down. We have dealt with nearly every department possible over the years, had inspectors out, had Metro Police out, etc. But it boils down to one thing and that’s the fact that only the courts can close them down and six years later we are still waiting,” said COP chairman, Rake Jeeves, speaking about problem buildings on the Bluff.

“I’m not sure why they can’t be closed down purely on the health side because they have no water, no electricity and some have sewerage pouring out into the yard permanently. The ‘tenants’ go to the toilet in packets and throw them in the road. If the laws were enforced and owners of these properties were fined then it would go a long way in helping,” said Community Orientated Policing chairman, Rake Jeeves.

Included in the bylaw is a proposed fine of R5,000 for entering, occupying or permitting the occupancy of any problem building for which a notice has been serve and a R1,500 fine for hindering an authorised municipal official from exercising their duty; failing to comply with a lawful instruction of a municipal official or in terms of the bylaw or failing to obey a compliance notice.

As per the bylaw, the maximum fine for an offence is R500,000, up to three years in prison or both. All of these fines are currently awaiting approval by the Chief Magistrate.

According to the municipality, the new bylaw will be used in conjunction with others, including fire and health bylaws and the national building regulations, allowing for synchronised action by multiple departments.

Included in the by-law are definitions for problem buildings, including those that are derelict; becoming unhealthy, unsanitary or unsightly; appearing abandoned overcrowded, illegally occupied or hijacked or where it seems rates are not being paid.

Go to www.durban.gov.za/Resource_Centre/Pages/By-Laws.aspx to read the bylaw.