Annexure “A” - Johannesburg



Annexure “A”

POLICY FOR THE CLEANING AND CLEARING OF VACANT PROPERTIES

1. Introduction

1. A large number of vacant properties, which belongs to either the National Government or Provincial Government, the City of Johannesburg Metropolitan Municipality or private owners, are located within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality.

2. The conditions of such properties, if not cleaned and cleared regularly, gives rise to health nuisances and/or hazards which may be unsightly and offensive or injurious or dangerous to the health and well-being of the communities affected by them.

3. They are at times overgrown with long grass, weeds or undergrowth which create conditions which are unsightly and a nuisance to the residents. They also pose safety and security risks and fire hazards, provide shelter to vagrants and criminal elements, and contribute to urban decay and devaluation of properties, which are issues of great concern to the residents, ratepayers, businesses and developers alike within the Regions and the City as a whole.

4. These vacant properties are also the cause of many unnecessary complaints, which are lodged with Councillors and officials.

5. Various sets of enabling legislation exist which places an obligation on the Council to ensure that vacant properties are cleaned and cleared to satisfaction and which regulates the cleaning and clearing of vacant properties within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality.

6. The Regional Environmental Health Units are responsible to ensure that the health and well-being of the members of the public and the communities within their Regions are promoted and safe guarded from an Environmental Health point of view. These Units are also responsible to enforce the legislation that is applicable to the cleaning and clearing of all vacant properties. This responsibility was traditionally placed upon Environmental Health Services due to the fact that it had the capacity to ensure that legislation in this regard is enforced and further that Environmental Health Officers are best suited and equipped to enforce such legislation.

The overriding reason for the direct involvement of Environmental Health Services in this regard is that the conditions of neglected properties, in one way or the other, have direct impacts on the health and well-being of members of the public and communities. This arrangement also ensured that duplication of services are avoided where more than one department concerned with the same issue may be involved.

2. LEGAL FRAMEWORK AND OBLIGATIONS

1. The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) provides as follows:

1. “Environment

24. Everyone has the right –

a) to an environment that is not harmful to their health or well-being, and

b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measure that-

i) prevent pollution and ecological degradation;

ii) …

iii) …”

2. “Principles of co-operative government and intergovernmental relations

41.(1) All spheres of government and all organs of state within each sphere must –

a) …

b) secure the well-being of the people of the Republic;

c) - (h) …”

3. “Objects of local government

152.(1) The objects of local government are-

a) …

b) to ensure the provision of services to communities in a sustainable manner;

c) …

d) to promote a safe and healthy environment; and

e) …”

4. “Developmental duties of municipalities

153. A municipality must -

a) structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and

b) …”

5. “Powers and functions of municipalities

156.(1) A municipality has executive authority in respect of and has the right to administer –

a) the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and

b) any other matter assigned to it by national or provincial legislation

(2) …

(3) …

(4) The national government and provincial government must assign to a municipality, by agreement and subject to any condition, the administration of a matter listed in Part A of Schedule 4 or Part A of Schedule 5 which necessarily relates to local government, if -

a) that matter would most effectively be administered locally; and

b) the municipality has the capacity to administer it.

(5) …”

2.1.6 “Schedule 4: Functional Areas of Concurrence

National and Provincial Legislative Competence

Part A

Environment

Health Services

Pollution Control

Part B

Air pollution

Municipal health services

Schedule 5: Functional Areas of Exclusive Provincial Legislative

Competence

Part A

(No provision in relation to properties and related issues)

Part B

Cleansing

Control of public nuisances

Fencing and fences

Refuse removal, refuse dumps and solid waste disposal.”

2. The Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) provides as follows:

1. “1. Definitions

“basic municipal services” means a municipal service that is necessary to ensure an acceptable and reasonable quality of life and, if not provided, would endanger public health or safety or the environment;”

“environmentally sustainable”, in relation to the provisions of a municipal service, means the provision of a municipal service in a manner aimed at insuring that –

a) the risk of harm to the environment and to human health and safety is minimised to the extent reasonably possible under the circumstances;

b) the potential benefits to the environment and to human health and safety are maximised to the extent reasonably possible under the circumstances; and

c) legislation intended to protect the environment and human health and safety is complied with;”

2. “4. Rights and duties of municipal councils –

(1) The council of a municipality has the right to -

(a) – (c) …

(2) The council of a municipality, within the municipality’s financial and administrative capacity and having regard to practical considerations, has the duty to -

(a) – (h) …

(i) promote a safe and healthy environment in the municipality; and

(j) …

(3) A municipality must in the exercise of its executive and legislative authority respect the rights of citizens and those of other persons protected by the Bill of Rights.”

3. “11. Executive and legislative authority –

(1) – (2) …

(3) A municipality exercises its legislative or executive authority by -

(a) – (d) …

(e) implementing applicable national and provincial

legislation and its by-laws;

(f) – (k) …

(l) promoting a safe and healthy environment;

(m) – (n) …

(4) …”

4. “55. Municipal manager – (1) As head of administration the municipal manager of a municipality is, subject to the policy directions of the municipal council, responsible and accountable for–

(a) – (k) …

(1) the administration and implementation of the municipality’s by-laws and other legislation;

(m) – (o) …

p) the implementation of national and provincial legislation applicable to the municipality; and

q) …

(2) …”

2.3 THE HEALTH ACT, 1977 (ACT NO. 63 OF 1977), AS AMENDED, (Not yet repealed) PROVIDES AS FOLLOWS:

1. “Definitions

1. In this Act, unless the context otherwise indicates -

“Nuisance” means –

a) – (b) …

(c) any accumulation of refuse, offal, manure or other matter which is offensive or is injurious or dangerous to health;

(d) – (g) …

h) any area of land kept or permitted to remain in such a state as to be offensive;

i) …

“Premises” means any piece of land and any building or other structure together with the land on which it is situated and includes any vehicle, conveyance, ship, boat or other vessel or any aircraft;”

2. “Duties and powers of Local Authorities

20 (1) Every Local Authority shall take all lawful, necessary and reasonable practicable measures –

a) to maintain its district at all times in a hygienic and clean condition:

b) to prevent the occurrence within its district of –

(i) any nuisance

(ii) any unhygienic condition

(iii) any offensive condition; or

iv) any other condition which will or could be harmful or dangerous to the health of any person within its district or the district of any other Local Authority, or, where a nuisance or condition referred to in subparagraph (i) to (iv), inclusive, has so occurred, to abate, or cause to be abated, such nuisance,

v) or remedy, or cause to be remedied, such condition, as the case may be,

(c) – (d) (1A) and 20(2) – 20(9) …”

3. “Procedure in respect of conditions requiring immediate remedying

27.(1) Where in the opinion of a Local Authority a condition has arisen in its district which is of such a nature as to be offensive or a danger to health unless immediately remedied and to which the provisions of the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965), are not applicable, it may serve a written notice on the person responsible for such condition having arisen or on the occupier or owner of the dwelling in which or premises on which such condition exists, calling upon him to remedy the condition within such period as may be specified in such notice.

(2) Any person failing to comply with any such notice shall be guilty of an offence.

(3) If the person on whom notice is served under subsection (1) fails to comply therewith, the Local Authority may enter the dwelling or premises in question and take all such steps as may be necessary to remedy the condition, and may recover the cost of so doing from the person on whom the notice was served or from the owner or occupier of the dwelling or premises in question.

(4) …”

2.4 THE NATIONAL HEALTH ACT, 2003 (ACT NO. 61 OF 2003) PROVIDES AS FOLLOWS:

1. “Definitions

1. In this Act, unless the context indicates otherwise -

“health nuisance” means a situation, or state of affairs, that endangers life or health or adversely affects the well-being of a person or community;

“health services” means –

a) – (c) …………

(d) municipal health services;

“municipal health services”, for the purpose of this Act, includes –

a) water quality monitoring;

b) food control;

c) waste management;

d) health surveillance of premises;

e) surveillance and prevention of communicable diseases, excluding immunisations;

f) vector control;

g) environmental pollution control;

h) disposal of the dead; and

i) chemical safety,

but excludes port health, malaria control and control of hazardous substances;

“pollution” means pollution as defined in section 1 of the National Environmental Management Act, 1998 (Act No. 107 of 1998)

“premises” means any building, structure or tent together with the land on which it is situated and adjoining land used in connection with it and includes any land without any building, structure or tent and any vehicle, conveyance or ship;”

“Health services to be provided by municipalities

(32). 1 Every metropolitan and district municipality must ensure that appropriate municipal health services are effectively and equitably provided in their respective areas.

(2) – (3) …”

2.5 The Public Health By-Laws of the City of Johannesburg Metropolitan Municipality provides as follows:

1. “Definitions and interpretation

1: (1) In these By-laws, unless the context otherwise indicates –

“organ of state” means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996);

“owner”, in relation to any premises, means –

a) the person in whose name the title to the premises is registered, and includes the holder of a stand licence; or

b) if the person referred to in paragraph (a) is dead, insolvent, mentally ill, a minor or under any legal disability, the executor, guardian or other person who is legally responsible for administering that person’s estate;

“person” means a natural person or a juristic person, and includes an organ of state;

“pest” means any animal or mammal which may create a public health hazard or public health nuisance if it is present in significant numbers and without limitation, includes rats, mice, flies, mosquitoes, bed bugs, fleas, lice, termites and cockroaches;

“public health” means the mental and physical health and well-being of people in the municipal area;

“public health hazard” means any actual threat to public health, and without limitation, includes –

a) the circumstances referred to in section 5(3);

b) unsanitary conditions;

c) circumstances which make it easier for a communicable disease to spread;

d) …

e) circumstances which allow pests to infest any place where they may affect public health;

“public health nuisance” means the use of any premises or place in a manner which creates conditions that significantly increase the risk of a public health hazard occurring or which compromises any aspect of public health to an extent that is more than trivial or insignificant, and without limitation, includes those circumstances in which a public health nuisance is considered to exist in terms of Schedule 1;”

2. “Purpose

2. The purpose of these By-laws is to enable the Council to protect and promote the long term health and well-being of people in the municipal area by -

a) providing, in conjunction with any other applicable law, an effective legal and administrative framework within which the Council can –

(i) manage and regulate activities that have the potential to impact adversely on public health; and

(ii) require premises to be properly maintained and managed; and

b) defining the rights and obligations of the Council and the public in relation to this purpose.”

3. “Principles

3 (1) Every person has a constitutional right to an environment that is not harmful to his or her health or well-being and to have access to sufficient water and the Council has a constitutional duty to strive, within its financial and administrative capacity, to promote a safe and healthy environment.

(2) The risk of a public health hazard occurring, continuing or recurring must be eliminated wherever reasonably possible, and if it is not reasonably possible to do so, it must be reduced to a level acceptable to the Council.

(3) Any person who owns or occupies premises in the municipal area must ensure that it is used for and maintained in a manner that ensures that no public health hazard or public health nuisance occurs on the premises.

(4) …

(5) The Council must regulate all activities and administer all matters for which it is legally responsible in a manner that -

a) avoids creating a public health hazard or a public health nuisance;

b) does not make it easier for any human or animal disease to spread;

c) does not give rise to unsanitary or unhygienic conditions;

d) …

e) avoids creating conditions favourable for infestation by pests; or

f) wherever reasonably possible, improves public health in the municipal area

(6) In dealing with matters affecting public health the Council must -

a) adopt a cautions and risk-averse approach;

(b) – (e) …”

4. “Application of principles

4. The public health principles set out in section 3 must be considered and applied by any person -

a) exercising a power or function or performing a duty under these By-laws;

b) formulating or implementing any policy that is likely to have a significant effect on, or which concerns the carrying on of activities likely to impact on, public health in the municipal area; or

c) exercising a public power or function or performing a public duty in the municipal area which is likely to have a significant effect on public health in that area”

5. “Prohibition on causing public health hazards

5. (1) No person may create a public health hazard anywhere in the municipal area.

(2) Every owner or occupier of premises must ensure that a public health hazard does not occur on those premises.

(3) An owner or occupier of premises creates a public health hazard if-

a) the premises are infested with pests or pests are breeding in large numbers on the premises;

b) there are conditions on the premises which are conducive to the spread of a communicable disease or which may cause a non-communicable disease;

c) there is any unsanitary condition in any part of the premises; or

d) …”

6. “Prohibition on causing public health nuisances

7 (1) No person may cause a public health nuisance anywhere in the municipal area.

(2) Every owner or occupier of premises must ensure that a public health nuisance does not arise on those premises.”

7. “Municipal remedial work

17. The Council may, subject to the provisions of any other law, enter any premises and do anything on the premises that it reasonably considers necessary-

a) to ensure compliance with these By-laws or with any compliance notice issued in terms of section 32 of the Rationalisation of Local Government Affairs Act;

b) to reduce, remove or minimise any significant public health hazard; or

c) to reduce, remove or minimise any public health nuisance.”

8. “Cost orders

18. (1) The Council may recover any costs reasonably incurred by it in taking measures contemplated in section 16 from any person who was under a legal obligation to take those measures, including –

a) a person on whom a compliance notice referred to in section 17(a) that required those steps to be taken, was served;

b) the owner or occupier of the premises concerned; or

c) any person responsible for creating a public health hazard or a public health nuisance.

(2) The municipal manager may issue a cost order requiring a person who is liable to pay costs incurred by the Council in terms of subsection (1), to pay those costs by a date specified in the order and such order constitutes prima facie evidence of the amount due.”

9. “Serving of notices

149.(1) A notice, order or other document is regarded as having been properly served if –

a) it has been delivered to the person concerned personally;

b) it has been sent by registered post or speed post to the person to whom it is addressed at his or her last known address;

c) it is served on a person apparently not less than 16 years of age and apparently in charge of the premises at the addressee’s last known address;

d) if the address of the person concerned in the Republic of South Africa is unknown, if it has been served on that person’s agent or representative in the Republic of South Africa in the manner provided for in paragraph (a), (b) or (c); or

e) if the address of the person concerned and of his or her agent or representative in the Republic of South Africa is unknown, if it has been posted in a conspicuous place on the premises to which it relates.

(2) A notice, order or other document which may in terms of these By-laws be served on the owner or occupier of premises may be addressed to the owner or occupier of the specified premises and need not bear the name of the owner or occupier.”

10. “Application to the State

150. These By-laws bind the State, including the Council”

11. “Schedule 1

Public health nuisances

2.5.11.1 General Nuisances

1. An owner or occupier of premises creates a public health nuisance if he or she causes or allows-

a) any premises or part thereof to be of such a construction or in such a state as to be offensive, injurious or dangerous to health;

b) …

c) …

d) any accumulation of refuse, offal, manure or other matter which is offensive or is injurious or dangerous to health;

(e) – (j) …

2. Pest control

2. (1) An owner or occupier of premises creates a public health nuisance if –

a) the premises are maintained in a manner that attracts or harbours rodents or other pests, or is conducive to the breeding thereof;

b) flies are being attracted to, or can breed on, the premises, in significant number because –

(i) insufficiently rotted manure or any other organic material is being kept or used; or

(ii) any other substance that attracts flies is used or kept other than for the purposes of trapping or killing flies;

c) mosquitoes can breed in significant numbers on the premises because –

(i) containers in which mosquitoes can breed, such as tyres, bottles, crockery, and tins, have been left or are kept on the premises;

(ii) – (iv) …

(2) …”

2.6 The Emergency Services By-laws of the City of Johannesburg Metropolitan Municipality provides as follows:

1. “Definition and Interpretation

2.(1) In these By-laws unless the context otherwise indicates –

“agricultural holding” means a portion of land not less than 0.8 hectares in extent used solely or mainly for the purpose of agriculture, horticulture or for breeding or keeping domesticated animals, poultry or bees;

“Council” means –

a) …

b) …

c) a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws, has been delegated or sub-delegated or an instruction given as contemplated in, section 59 of the Local Government : Municipal Systems Act, 2000 (Act No. 32 of 2000); or

d) …,

as the case may be;

“vegetation” includes grass, weeds, leaves, shrubs and trees;

2. “Storage and accumulation of combustible material prohibited

4. (1) – (4) …

(5) No person may allow any vegetation to become overgrown at any place under that person’s control that may pose a fire hazard to any person, animal or property.

(6) If a fire hazard contemplated in subsection (5) arises, the owner or occupier of the property concerned must without delay eliminate the hazard or cause the hazard to be eliminated by -

a) cutting any grass, leaves or weeds associated with the fire hazard to a maximum height of 150 millimetres;

b) pruning, chopping down or sawing any shrub or tree; and

c) removing any resulting combustible residue from the property.”

3. “Safety fire-breaks required

7. (1) Every owner or occupier of an agricultural holding or farm must clear and maintain a safety fire-break along every boundary of the agricultural holding or farm that-

a) is at least 5 metres wide (when measured parallel from the boundary concerned); and

b) contains no vegetation or combustible residue.

(2) If an obstruction occurs within the boundaries of a safety fire-break, the owner or occupier concerned must clear and maintain a 5 metre-wide safety fire-break around that obstruction.

(3) No person may clear or maintain a safety fire-break by burning without the prior written permission of the Chief Fire Officer.

(4) Any person who intends to clear or maintain a safety fire-break by burning must-

a) apply in writing to the Chief Fire Officer for permission, stipulating the property concerned and the proposed date and time of the burning; and

b) unless the burning is to be performed by a person or body accredited for this purpose by the Council, request the Service to provide assistance at the burning against payment of the prescribed fee.”

6. Legal Obligations

1. The Council is in terms of the Constitution of South Africa, the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) and the other aforementioned enabling legislation, obligated to ensure that the safety and health of the public is safeguarded.

The Council is responsible to ensure that the provisions of those legislation that pertain to the cleaning and clearing of vacant properties are implemented and enforced.

3. A Need Exists For A Policy For The Cleaning And Clearing Of Vacant Properties

A need now exists for a policy on the implementation and enforcement of applicable legislation that pertain to the cleaning and clearing of vacant properties within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality. The reasons are as follows:

1. To ensure that applicable legislation are implemented and enforced by the Regional Environmental Health Units.

2. To ensure uniformity in approach by the Regional Environmental Health Units.

3. To ensure that confusion is minimized and that people enjoy equal rights, services and treatment.

4. To ensure that acceptable systems are in place and processes are followed as required for the cleaning and clearing of vacant properties.

5. To minimize the Council’s risks and to avoid unnecessary litigation and civil claims.

6. To ensure that the health, well-being, safety and security of the members of the public and communities within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality is protected, safeguarded and promoted.

7. To ensure that the quality of life of the members of the public and communities within the area of jurisdiction of the City of Johannesburg Metropolitan Municipality is promoted and improved.

8. To prevent urban decay, disinvestments and devaluation of properties.

9. To ensure that the City of Johannesburg Metropolitan Municipality becomes a World Class African City in terms of the Council’s priority strategies.

4. Policy for the cleaning and clearing of vacant properties

1. Whereas a need has been identified for a policy for the cleaning and clearing of vacant properties, the following be adopted by the Council as policy for the implementation and enforcement of the legislation mentioned previously and which is applicable to the cleaning and clearing of vacant properties.

1. Accountability And Responsibility

1. The Regional Directors are responsible and accountable for:

1. ensuring that the provisions of the Health Act, 1977 (Act No. 63 of 1977) as amended, are implemented, executed and enforced until it is repealed.

2. ensuring that the provisions of the Public Health By-laws and other By-laws that may be delegated to them by the Council are implemented, executed and enforced.

3. ensuring that the Policy for the Cleaning and Clearing of Vacant Properties, in terms of enabling legislation is implemented, executed and adhered to.

4. ensuring that income generated in terms of the provisions of enabling legislation is recorded in a register in the format attached hereto as Annexure “A1” without delay and that proper records and supporting documents are kept of any transaction for auditing purposes.

5. ensuring that income generated in terms of tariffs, which may be approved by the Council, is recorded in a register in the format attached hereto as Annexure “A1” without delay and that proper records and supporting documents are kept of any transaction for auditing purposes.

6. ensuring that statements, in the format as attached hereto as Annexure “A2”, for the recovery of expenditures made in respect of the cleaning and clearing of vacant properties, are submitted to the Finance and Economic Development Department within seven (7) days from the receipt of the Official Order.

7. ensuring that the Finance and Economic Development Department recover monies owned to the Council and that it is reflected in the Regional Income Budgets.

8. ensuring that the powers, functions and duties that are delegated to them in terms of the Council’s Delegation of Powers, Functions and Duties” document by resolution of the Council, are further sub-delegated in the manner as prescribed in the document.

9. ensuring that the risks of the Council are minimized when vacant properties are cleaned and cleared by the Council, at the cost of the owners thereof.

2. Databases Of All Vacant Properties

1. Regional Directors shall ensure that databases are kept of all vacant properties, including agricultural holdings, farms, undeveloped parks, reserves, in the format attached hereto as Annexure “A3”.

2. Regional Directors shall ensure that vacant properties are identified correctly and that the details of such properties are captured correctly on the databases.

3. Regional Directors shall ensure that the details of vacant properties do correspond with the details of the Finance and Economic Development Department (Venus System) and that whenever it comes to the attention of or if an Environmental Health Officer is aware that the details of any vacant property does not correspond with the details on the Venus System, such discrepancy is to be brought to the attention of the Finance and Economic Development Department and same be resolved in consultation with the Finance and Economic Development Department.

It is required, if any notification is received from a previous owner that the property has changed ownership, that the new details should be obtained, recorded and be verified with the records of the Finance and Economic Development Department.

If needed, the office of the Registrar of Deeds or the Deeds Registry, which can be accessed via the Jozinet, in the case of property ownership or the Registrar of Companies in the case of a Company or the Registrar of Close Corporations in the case of a Close Corporation, should be approached to verify the correct details of ownership.

4. Regional Directors shall ensure that the databases of their Regions are updated by including new vacant properties thereon that have been established by new township establishments, and by removing vacant properties that have become developed there from.

3. Vacant Properties Requiring Cleaning And Clearing

1. Regional Directors shall ensure that all vacant properties, including undeveloped parks, undeveloped road reserves, overhead electricity supply line reserves and other reserves which requires cleaning and clearing, are monitored regularly to ensure that no health nuisances and/or hazards exist on such premises.

2. Regional Directors shall ensure that the premises referred to in clause 4.1.3.1 above is kept clean and free from filth, debris, rubble, rubbish, refuse, waste material, domestic and/or garden refuse, plastic, glass, paper, rags, tins, lumber, scrap material, old motor bodies, chassis of motor vehicles, parts of motors and motor tyres, at all times.

3. Regional Directors shall ensure that compliance notices are served on the owners of those properties referred to in clause 4.1.3.1 above as soon as the occurrence of any matter referred to in clause 4.1.3.2 is observed on any property or reported to the Regional Environmental Health Units.

4. Regional Directors shall ensure that the compliance notice referred to in clause 4.1.3.3 above is served in the format attached hereto as Annexure “A4”. The same notice shall be served on the National and Provincial departments, including the Council and its UAC’s as the Public Health By-laws are binding on the State and the Council and it’s UAC’s.

5. Regional Directors shall ensure that re-inspections of those properties referred to in paragraphs 4.1.3.1, 4.1.3.2 and 4.1.3.3 above are carried out within seven (7) days from the expiry dates of the compliance notices and if it is found that any of those properties have not been cleaned and cleared to satisfaction, to refer those properties, subject to the risks of the Council being limited, within seven (7) days from the date of the re-inspections to a contractor for cleaning and clearing thereof, at the cost of the owners thereof.

6. Regional Directors shall ensure that re-inspections of properties which have been referred to a contractor for cleaning and clearing are carried out within seven (7) days from receipt of the invoices of the contractor to ensure that the properties have been cleaned and cleared to satisfaction by the contractor.

7. Regional Directors shall ensure that:

- in order to prevent illegal dumping by the contractor that no invoice is accepted from the contractor if it is not accompanied by a weigh-bridge slip of the approved disposal site and receipt of payment to dump at the disposal site, or any other proof that it has been disposed of legally, which shall serve as proof that matter was disposed of in a manner as approved by the Council

- payments are made to the contractor in terms of the Council’s Procurement Policy and Procedures once the Environmental Health Officer is satisfied that the property/properties has/have been cleaned and cleared to satisfaction

- details of such transactions are entered into the Income Register for the Cleaning and Clearing of Vacant Properties of which a copy is attached hereto as Annexure “A1”

- that the Director Revenue is requested, within seven (7) days on which the Official Order has been finalised, in the format as attached hereto as Annexure “A2” to recover such expenditures from the owners thereof.

4. Annual Clean-up Of All Vacant Properties

1. Regional Directors shall ensure that all vacant properties are inspected by the beginning of March of each year and that compliance notices, in the format as attached hereto as Annexure “A5”, are served on the owners of those premises that requires :

- the removal of health nuisances and/or hazards;

- the cutting of grass, weeds and undergrowth

- the provision of safety fire-breaks; and

- the removal of any combustible residue or matter that affords harbourage to rodents and other pests.

The latter three (3) points are to be requested from the owners of properties only once a year, and that is at the beginning of the dry season.

2. Regional Directors shall ensure that the compliance notices referred to in paragraph 4.1.4.1 above is served on the owners of such properties, subject to the provisions of paragraph 2.10 of Annexure “B”, within seven (7) days from the date on which the inspection has been carried out.

3. Regional Directors shall ensure that re-inspections of those properties referred to in paragraph 4.1.4.1 above are carried out within seven (7) days for the expiry dates of the compliance notices and if it is found that any of those properties have not been cleaned and cleared to satisfaction, to refer those properties, subject to the risks of the Council being limited, within seven (7) days from the date of the re-inspections to a contractor for cleaning and clearing thereof, at the cost of the owners thereof.

4. Regional Directors shall ensure that re-inspections of properties which have been referred to a contractor for cleaning and clearing are carried out within seven (7) days from receipt of the invoices of the contractor to ensure that the properties have been cleaned and cleared to satisfaction by the contractor.

5. Regional Directors shall ensure that:

- in order to prevent illegal dumping by the contractor no invoice is accepted from the contractor if it is not accompanied by a weigh-bridge slip of the approved disposal site and receipt of payment to dump at the disposal site, or any other proof that it has been disposed of legally, which shall serve as proof that matter was disposed of in a manner as approved by the Council.

- payments are made to the contractor in terms of the Council’s Procurement Policy and Procedures once the Environmental Health Officer concerned is satisfied that the property/properties has/have been cleaned and cleared to satisfaction

- details of such transactions are entered into the Income Register for the Cleaning and Clearing of Vacant Properties of which a copy is attached hereto as Annexure “A1”

- that the Director Revenue is requested, within seven (7) days on which the Official Order has been finalized, in the format as attached hereto as Annexure “A2” to recover such expenditures from the owners thereof.

5. Appointment Of Contractors

1. Regional Directors shall ensure that Contractors are appointed in terms of the Council’s Procurement Policy and Procedures.

2. Regional Directors shall ensure that when the services of any of the Council’s services departments are used (Johannesburg City Parks and Pikitup) and if such services departments make use of the services of external contractor that:

- such contractors have been appointed in terms of the Council’s Procurement Policies and Procedures

- such contractors have been specifically appointed for the cleaning and clearing of vacant properties

- proof of proper appointment is to be submitted.

6. Peace Officers

1. Regional Directors shall ensure that all of those staff members who are employed in the Regional Environmental Health Units and who are responsible for and concerned with the implementation, execution and enforcement of legislation, including Managers, Operations Managers and Supervisors, undergo Peace Officers training and be appointed as Peace Officers once they have been successful in their training.

2. Regional Directors shall ensure that those staff members referred to in paragraph 4.1.6.1 above are issued with Peace Officers Identification Cards without delay.

7. Databases, Registers, Compliance Notices And Internal Memoranda.

1. Regional Directors shall ensure that those databases, registers, compliance notices and internal memoranda which are prescribed in terms of this Policy are used for the purposes intended.

8. Law Enforcement (If legal action is to be instituted against an owner of a vacant property)

1. Regional Directors shall ensure that admission of guilt fines are adhered to.

2. Regional Directors shall facilitate that warrants of arrest are executed by the Johannesburg Metropolitan Police Department within fourteen (14) days from the date on which same were issued by the Courts.

3. No “Notice to appear in Court” (Fine/Summons) shall be cancelled by any official once it has been issued – it is the function of the Public Prosecutor.

4. If an unintentional mistake has been made on a “Notice to appear in Court” (Fine/Summons) whilst it is being made out it shall be cancelled and the original documents kept in the fine book for auditing purposes – a new notice shall be made out to the offender.

9. Keeping Of A Register For Fines/Summonses Issued

1. Regional Directors shall ensure that a proper register is kept for the recording of all fines/summonses that have been issued.

The register has to be updated when a fine/summons has been issued. All relevant information pertaining to the fine/summons, including execution of a warrant of arrest has to be included in the register.

A specimen is attached hereto as Annexure “A6” for utilization.

10. Maintenance, Safekeeping and Availability of Databases and Registers

1. The databases and registers that have to be kept and

maintained in terms of this Policy must be made available for inspection and auditing by the Regional Environmental Health Unit.

11. Availability Of Legislation

1. Regional Directors shall ensure that copies of the

following sets of legislation are acquired, made available to and perused by those staff members who are responsible for and concerned with the implementation, execution and enforcement thereof (Managers : Environmental Health, Operations Managers and Environmental Health Officers based at the Regional Environmental Health Units):

- The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)

- The Local Government : Municipal Systems Act, 2000 (Act No. 32 of 2000)

- The Health Act, 1977 (Act No. 63 of 1977)

- The National Health Act, 2003 (Act No. 61 of 2003)

- The Public Health By-laws of the City of Johannesburg Metropolitan Municipality

- The Emergency Services By-laws of the City of Johannesburg Metropolitan Municipality

2. Regional Directors shall ensure that any amendments

to those legislation referred to in paragraph 4.1.11.1 above are acquired and that such legislation is updated accordingly

3. Regional Directors shall ensure that those staff

members who are responsible for and concerned with the implementation, execution and enforcement of legislation are fully conversant and familiar with the contents thereof.

12. Placement Of “No Dumping” Signs

1. Regional Directors shall ensure that “No Dumping”

signs, similar to the specimen of the “No Dumping” sign in the format attached hereto as Annexure “A7”, are placed out on properties where illegal dumping is problematic and takes place on a regular basis and that the details of placement are registered on the databases.

2. Regional Directors shall ensure that the telephone

numbers of their Regional Environmental Health Units, the Johannesburg Metropolitan Police Department Precinct Units serving their Regions and Regional People’s Centres, are depicted on the “No Dumping” sign referred to in paragraph 4.1.12.1 above.

13. Assistance By Stakeholders Notices

1. Regional Directors shall ensure that “Assistance by

Stakeholders” notices in the format of the specimen attached hereto as Annexure “A8” are distributed to all the households in the vicinity of properties where public health nuisances or public health hazards are experienced in order to inform the affected members of the public of their rights, especially their right to report offenders, and on the other hand, to sensitize offenders of their illegal practices and transgressions of law and the actions that may be taken against them.

2. Regional Directors shall ensure that “Assistance by

Stakeholders” notices are made available to the members of Ward Committees.

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