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During the public participation process six of the City’s 23 subcouncils responded with positive comment and input. Written comments were also received from three individuals and three organisations. Those comments that were considered appropriate have now been incorporated into the draft by-law.

According to Alderman Brian Watkyns, chair of PEPCO, the new by-law will help the City act against owners whose buildings are identified by the City as problem buildings. These are buildings that are dilapidated, contravene national building regulations, are overcrowded or invaded by illegal squatters, or pose a health and safety risk to people in its surroundings.

“Abandoned and dilapidated buildings are a cause of major concern for the City, as they are often unsightly, unhealthy, unsafe, and become havens for anti-social and criminal activities. This by-law will assist the City to force the owners to address these issues,” said Watkyns.

Councillor Taki Amira, who headed up the task team and the public participation process, said: “With new procedures set out in the by-law, the City will investigate a building when complaints are received. After the investigation, a notice will be served on the owner stating all the contraventions and the deadline for correcting these.”

Amira added that a difficulty always encountered in the previous enforcement process was to whom a notice could be served. The by-law now clearly defines who is deemed as “the owner” on whom notices may be served. It further tightens up and streamlines the process to be followed to ensure action against the owner in cases of non- compliance.

“This by-law will not only help the City to identify and deal with problem buildings, but will also seek to restore and renovate the buildings rather than demolishing them. In cases where buildings cannot be restored properly, the owners will be consulted to look at other options and where necessary, the by-law may be used to facilitate the sale or demolishing of problem buildings to achieve compliance,” said Amira.

The by-law has now been recommended to the Mayoral Committee and will be implemented as soon as Council approves it.

The new strategy and Problem Building By-law will help the City identify, control and manage dilapidated and problem buildings. Problem buildings are properties that contravene national building regulations; are overcrowded or in a deplorable state; are the subject of numerous complaints from the public; are invaded by illegal squatters; or pose a serious health or safety risk in terms of national building regulations.

In terms of the new strategy, on receipt of a complaint, the City’s project team will first collate all the relevant data regarding the property, then work together with all relevant departments to determine which laws are being contravened. Once the owner has been located, the City will serve a joint notice setting out all contraventions with a deadline for compliance. It can also invite owners to discuss the contraventions, and implement its debt management policy or take legal action where necessary.

The strategy will be coordinated by the City’s Planning and Building Development Management Department, and implemented through its eight district planning offices.

The proposed Problem Building By-law will assist City officials in:

* Formulating a plan to counter problem buildings and defining the necessary processes and procedures
* Restoring and renovating the buildings rather than demolishing them
* Consulting the owners about redeveloping the property where problem buildings can’t be restored
* Facilitating the sale or demolition of problem buildings to achieve compliance with the by-law

The closing date for submissions is Monday 7 December 2009. Your comments must be in writing, and sent to Michelle Viney, tel 021 400 2399, fax 021 425 6495 or e-mail Problembuilding.Bylaw[at]capetown.gov.za

Copies of the draft by-law are available at the City’s District Planning Offices, Libraries and Subcouncil Offices. It can be viewed via the web link: http://www.capetown.gov.za/en/ByLaws

Martin Pollack