Durban - Property owners who fail to maintain their buildings could lose those properties as the eThekwini Municipality has tightened its Problem Buildings by-laws to give it more powers.
City councillors approved the amendment during a council meeting recently and called on the metro to also urgently attend to its own buildings that are in poor condition.
The move comes after the City demolished an illegal building at 44 Lancers Road on Friday.
“The illegal tavern contributed to major crime that impacted the entire CBD. The city took action following numerous complaints.
“Despite issuing several warnings, the owners continued to operate with impunity, forcing the City to take stern action against the owner of the tavern,” the City said in a statement on Friday.
Speaking on the by-laws, eThekwini Municipality’s head of communications Lindiwe Khuzwayo said the amendments proposed to the Problem Building By-law 2016 would further empower the municipality to tackle identified problem buildings.
She said once such a property was identified in terms of certain criteria, the Problem Building Division (PBD) would utilise its resources, including the appointment of a tracing agent to establish the whereabouts of an owner of the property.
Khuzwayo said the PBD had also established a working relationship with the Master of the High Court for resolution if it’s a deceased estate or if the property falls under the control of a company that is in business rescue or the like.
“Once processes are exhausted which may confirm an absent landlord, and the research indicates debt owed to the City, the Revenue Management Department will intervene by way of initiation for a ‘Sale in Execution’ process, which may result in the property being auctioned via public bid where the proceeds will be used to settle municipal debt.
“The new owner will be placed on terms as part of the conditions of sale to fix and turn around the problem building,” said the municipal spokesperson.
Should the building be deemed a danger to life and property and or be dilapidated, and the owner fail to comply with the conditions/orders imposed, added Khuzwayo, the PBD may carry out the required remedial works in order to remove the dangerous situation or dilapidation and recover the cost from the owner.
With regard to hijacked buildings, she said the property owner would be placed on terms and required to evacuate the building, secure and/or seal the property against any unauthorised re-entry of any persons, and to remedy and turn around the problem building.
“Should the owner not comply with the conditions orders imposed, a court order will be sought for evacuation, demolition and/or remediation by the owner, failing which the municipality will carry out such works and recover the costs from the owner,” said Khuzwayo.
The amendment has been welcomed by councillors, who said the City is facing a challenge with bad buildings.
ActionSA councillor Alan Beesley said: “There is no doubt that the municipality has serious issues with problem buildings. Such buildings are having a negative impact on residents and businesses, particularly in the city centre, with regards to crime, health and a general state of squalor.
“As such, ActionSA supports amendments to current by-laws which will assist in addressing these issues,” he said.
DA councillor Welekazi Sibiya said the amendment sought to give the City more authority to evict people from premises that are deemed to be “bad buildings”.
“The description of bad buildings has also been amended to include buildings whose owners cannot be located. (Time for this has been reduced.)
“They have also included a steering committee which will sit periodically to discuss progress and new strategies.
“The DA welcomes the amendment; however, we are of the view that new policies won’t make much of a difference if the Achilles heel, that is implementation and enforcement, are not done properly,” she said.
