Owners can be prosecuted
2010-02-25
Anne Kruger
THE owners of neglected properties which become an eyesore or cause social problems can be prosecuted. Drakenstein Municipality has expressed its concern at the condition of the dilapidated house at the corner of Derksen and Loop Streets in Paarl, and similar buildings in the rest of the municipal area. According to the head of planning, David Delaney, the decision whether the building in Loop Street should be demolished, rests with Heritage Western Cape, as the building is older than sixty years. “Council cannot (in terms of the act) issue an order to repair,” says Delaney. Heritage Western Cape has repeatedly denied requests from the owner for a demolition permit, and its appeals committee is currently in the process of hearing an appeal against the decision, lodged by the owner, Giepie Brandt The outcome of the appeal is being awaited. “As far as the Drakenstein Municipal Council is concerned, the owner of the old building must safeguard the property by erecting a sturdy fence around it to prevent further trespassing and vandalising of the building. “This will ensure that the site is not offensive to the nearby land owners. “Council has also decided that a survey of buildings in a similar condition should be executed and that a plan of action be formulated by a task team regarding the way forward with the buildings identified in the survey. “The building on the corner of Derksen and Loop Streets is older than 60 years and therefore requires permission from Heritage Western Cape for alterations and additions thereto or for the demolition thereof.” As long ago as 2005, Brandt submitted an application for the demolition of the building on the property to Heritage Western Cape. The demolition application was refused by Heritage Western Cape, as the property was considered to have local heritage value. A second application was refused last year. Officials from the Building Control Section as well as the Senior Heritage Resources Officer had various meetings with the owner to find a solution to the vagrant problem as well as to secure the building by means of boarding up windows and doors to discourage further vandalism. Since last year, several meetings were held with officials and neighbouring complainants to discuss the derelict house and the social issues resulting from this. During the past two years, officials at Heritage Western Cape have on several occasions been contacted and informed of the status of the building. Council further resolved that the decision on the appeal against the refusal of the demolition application be awaited, and that information regarding this matter be forwarded to the Public Prosecutor for further action. The owner of the property remains responsible for the condition of the structure and the property in general and must therefore safeguard the building. If this does not happen, he is in violation of a number of laws and by-laws and can be prosecuted. In a similar case in Johannesburg, the property owner was fined and the property sold to defray the cost of restoration.
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