Tough new by-laws to prevent the hijacking of buildings in Joburg's inner city are to be introduced by September.
The proposed by-laws provide for penalties of between R500 000 and R1 million for property owners who neglect their buildings, move overseas and abandon their properties, and those who act as slum lords by renting out rooms and creating overcrowding, and fail to pay rates and services to the City of Joburg.
Speaking at the first "Building Hijacking and Slum Lording Summit" to be held in the city, Region E (inner city) director Nathi Mthethwa said fines currently being issued were between R2 000 and R3 000.
"These are hardly a deterrent. People either ignore them, or happily pay them, especially if they are bringing in income from the rentals. In the meantime, if the city has to evict people from neglected, dangerous and bad buildings, it will cost ratepayers millions of rand in court orders, legal fees and having to find alternative accommodation for the people who are being evicted," he said.
Daleen van Wyk, of Ramushu Mashile Twala Inc attorneys, who is helping the council to compile the new bylaws, said a whole new strategy was required.
"Proactive by-laws will be introduced, and if these are not adhered to, stringent punitive actions will be taken," she said.
Crucial to the proposed bylaws is the so-called early warning system. Inspectors will be sent out on a regular basis to identify buildings that are falling into decline.
Signs of neglect such as broken windows, overgrown gardens, accumulation of rubbish and overcrowding will be taken into consideration, and the building will be "red flagged" as a potential danger.
Other warning signs that will be looked at are rates and services not being paid for, cutoffs, and the identification of unstable bodies corporate or management in sectional title schemes.
Buildings that have changed their consent use from business to residential without permission and owners who have made alterations illegally will also be targeted, she said, as will those with no fire-safety equipment, unauthorised advertising signs, and no business or liquor licences.
"Once observed and found to be a bad building, this will be taken to the legal department for action," Van Wyk said.
This department would issue notices, fines and/or court orders to comply. If these were not adhered to, as currently happened, criminal action could be instituted.
"The city will also have the discretion to take action in the building by carrying out maintenance work and repairs, and then charge the owner or the occupants," she added.
The forfeiture of assets was another route the council could take to recover costs.
"In short, proactive action is required to prevent the systemic decline of buildings and strict compliance needs to be upheld," Van Wyk said.
