Problem buildings still an issue
DA:TWO years since the by-law was passed, nothing has changed
EThekwini Municipality’s law enforcement has been unable to make a breakthrough in addressing problem buildings, says the DA whip for economic development and planning, Marlaine Nair.
This is despite the existence of the Problem Buildings by-law which became effective almost two years ago. It was hoped it would become an effective tool to combat the scourge of decaying and derelict buildings, some of which have become havens for criminals.
The law enables the city to take action against property owners who have abandoned their buildings. It also helps the city issue warnings where problem buildings have been identified.
“Since the commencement of the by-law, not one of the 140 buildings identified has been declared a problem,” claimed Nair. “The questions posed by the DA at the last council meeting revealed there were 95 in the inner city and 45 in the wider municipal area.”
She further alleged that no interdicts had been applied for to ban new occupants from entering properties that have been identified as problem buildings, and no applications for evictions had been made in terms of chapter 4, section 11 of the Problem Buildings by-law.
City spokesperson Mandla Nsele denied these claims, and said the municipality’s multidisciplinary by-law enforcement team conducted monthly citywide blitz operations.
“The team is made up of various city units including metro police, electricity, urban management zone, fire and emergency services, water and sanitation, and business licensing,” said Nsele.
But he could not disclose how many fines had been issued under the by-law.
itrump (the inner city Thekwini regeneration and urban management programme) senior manager Hoosen Moolla said there were challenges that made it difficult for the city to enforce the by-law, often resulting in ongoing legal battles.
Moolla said closing down a building was not an easy task as it involved staying within the confines of the law and respecting the building occupant’s human rights.
“We cannot just swoop down on a building and evict people without any warning. We also cannot act without permission from a court of law.
“We are currently regularly profiling more than 90 buildings in the city,” said Moolla.
“Since the implementation of the by-law we have issued a number of summons to transgressors, closed down and forced landlords to revamp their buildings. Profiling is very important as this gives us enough evidence to present our case in court.
“It shows that we regularly visited the property, spoke to the owner or supervisor and that we have evidence of contraventions of the Problem Building by-law as well as other safety and health by-laws,” he said.