OVERGROWN properties and abandoned buildings have become a nightmare in the Nelson Mandela Bay metro, while the Nelson Mandela Bay Municipality (NMBM) is yet to officially promulgate its by-law.
The Problem Building By-law has been standing idle for over a year since drafted by the former NMBM coalition government, in an effort to take action on rogue landlords who are non-compliant and failing to cooperate with the metro. This despite the appointment of a special committee to deal with the problem buildings last year.
According to NMBM spokesperson, Mthubanzi Mniki, the Problem Buildings By-law was adopted by council in 2018, but had not yet been promulgated.
“For now, the municipality can only respond to the challenge of dilapidated buildings in terms of the national building regulations,” Mniki said.
While irate residents are livid about the state of the properties, they are equally concerned for their health and safety. Residents in Lorraine are appealing to the municipality to take action against the owners of properties in Montmedy and Sedan roads, which have become an overgrown eyesore and a safe haven for criminals.
According to a resident, Judy Barker, the properties have deteriorated over the years, posing a danger for her family.
“The property is overgrown and we have asked for a fire break between our complex and the property. The property is also used as a dumping site, which is not healthy.
“Vagrants also hide in the bushes. In addition, the likelihood of snakes, rats and other pests breeding in the long grass is increasing. This is unacceptable,” Barker said.
Ward 8 councillor, Gustav Rautenbach, has been in contact with the municipality for years to address the overgrown properties in his ward.
Rautenbach added, “I have approximately 30 overgrown properties in my ward. Property owners are responsible for keeping their properties well maintained. However, they have fallen into decay, impacting negatively on surrounding neighbouring properties.
“The process to address issues related to an overgrown property can take years. The Problem Building By-law also makes provision for overgrown properties. However, according to my knowledge, the by-law is with the municipality’s legal department.”
Rautenbach added that the by-law would only come into effect once it has been published in the provincial government gazette.
The procedures currently followed by the Building Inspectorate as custodians of the National Building Regulations are as follows:
- A first and final notice must be served upon the owner of the property. The notice which will include the details of the property, the nature and extent of the contravention; the preferred remedy in terms of section 12(1)(a) of the National Building Regulation and Building Standards Act 103 of 1977; and the time period (usually 30 days) within which the owner has to respond.
- The owner may direct written representations to the Municipality as regards (i) the existence, nature and extent of the contravention; (ii) why such option should not be implemented; (iii) whether there are any circumstances which warrant a different time period from that contemplated.
- Once the compliance period has expired and after any representations made have been considered, a decision must be taken in relation to the remedy to be made and the time frame within which it has to be taken.
- Failure to comply may result in legal action being implemented against the owner of the property.
According to Mniki, the remedies referred to above may include securing the building against perpetrators and demolition.
“The municipality has prepared a register of problem buildings which they regularly update and act upon,” Mniki said.
Residents may refer complaints or cases to the building control officer at rboltman@mandelametro.gov.za.
