Damaging of Council Property (Brenton Local Council)

None

Jurisdiction
Knysna
Date
17 December 1999
Language
English
Type
Legislation
Taxonomies
Knysna
South Africa

Damaging of Council Property (Brenton Local Council) By-law, 1999

The Premier has approved the following By-law framed by the Brenton Local Council.
1.In this by-law, unless the context ontherwise indicates—"council" means the Brenton Local Council;"council property" means any street or public place which shall have the meaning assigned thereto in section 2 of Ordinance 20 of 1974 or fixed property registered in the name of the Brenton Local Council;"ordinance" means the Municipal Ordinance, 1974 (Ordinance 20 of 1974);"owner" means an owner referred to in section 2 of the Ordinance, and"work" means work of any nature whatsoever undertaken on any land within the town's boundaries and, without in any way limiting the ordinary meaning of the word, shall include the erection of a new building or alterations or additions to any existing building, the dumping of building or other material anywhere in the street, or delivery to or removal from any site of any soil or material of any nature whatsoever.
2.Any person who is the owner of land on which any work is done shall be liable for any damage to any portion of a street caused by or in connection with the execution of such work by such owner, his employce or any independent contractor acting on behalf of such owner.
3.When any work which has to be undertaken on any land entails the driving of vchicles over kerbs, sidewalks or road verges, the owner of such land shall not commence or allow any other person to commence with any such work unless and until he has deposited with the council an amount which is determined by the council to be suflicient to cover the cost of repairing any damage which may be caused to any portion of such street as a result of, or in connection with, the execution of such work by such owner, his employee or any independent contractor acting on behalf of such owner.
4.After the completion of such work the council shall give notice to the owner to repair the damage, if any, to its satisfaction or can itself undertake the repair of any portion of such street as may have been damaged by such work and shall set off the costs of the repairs against the deposit. If the costs are less than the amount of the deposit, the council shall refund the balance to the depositor, but if the amount of the deposit does not cover such costs, the owner shall be liable for the difference, which shall become payable on receipt of an account specifying the additional amount due.
5.Where any work has been undertaken on any land without the lodging of a deposit as aforesaid with the council, and the work has resulted in any damage to any portion of the street, the council shall itself undertake the repair of the street and recover the cost of the repairs from the owner of the land, and the costs shall be payable on receipt by such owner of an account specifying the amount due.
6.In cases where the owner has proved to the satisfaction of the council that materials for the work cannot be stored on the land where such work is to be undertaken, the owner must first obtain the written consent of the council before any such material may be stored on council property. If such consent is granted, all requirements set by the council must be complied with and the fee as fixed by the council from time to time for such encroachment on the council's property shall be payable to the council in advance by the owner.
7.All building material that is deposited by the owner or allowed by the owner to be deposited on council property shall be removed from council property before the official commencement date of the builders’ holiday season in December-January of each year.
8.Any person contravening any provision of the foregoing sections of this by-law shall be guilty of an offence and liable on conviction to the penalties as set out in section 213 of the Ordinance.
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History of this document

17 December 1999 this version
Commenced