“The municipality has identified a violation and intends to take enforcement action. What are my options?”
Have you received a letter in which the municipality announces that it will take enforcement action against you? Or has the municipality already imposed an order subject to a penalty payment on you? If you do not file an objection in time or remedy the violation, there is a risk that you will have to pay a large sum of money. This article explains what you can do in such a situation.
In which cases can the municipality take enforcement action?
If the municipality has determined that you are violating a rule, it may decide to take enforcement action. The purpose of this is to ensure that the rules are followed and the violation is remedied.
There are two categories of activities for which the municipality may take enforcement action: the first category concerns activities carried out at a location where they are not permitted. For example, if you live in a place not designated for residential use, such as an industrial park or a recreational park. The second category includes activities carried out without applying for a permit, even though one was required. For example, if you construct or renovate a structure without a permit, or use a structure in a different way without a permit. Are you unsure whether you need a permit for a specific activity? Take the Permit Check or feel free to contact our office.
What can you do if the municipality takes enforcement action?
If the municipality has identified a violation and designated you as the violator, it will, in most cases, proceed with enforcement. For example, if you carry out an activity that is not permitted, or have not applied for a permit for it. Depending on the stage of the enforcement process, you can challenge municipal enforcement in the following ways:
- Has the municipality issued you a warning that you must cease the violation, or else it will take enforcement action against you? This is called a notice of intent to enforce. In that case, you can submit a statement of views, explaining why the municipality should not proceed with enforcement in your case. The deadline for submitting a statement of views is short: often two weeks.
- Has the municipality since decided to actually proceed with enforcement if you do not cease the violation in time? For example, by imposing an order subject to a penalty payment? That decision is called an enforcement decision. You can object to this by submitting a notice of objection. In it, you state the reasons why you disagree with the enforcement decision. The deadline for submitting a notice of objection is six weeks after receiving the enforcement decision.
- Did you submit a notice of objection on time, but do you disagree with the decision on your objection? Then you can file an appeal with the administrative court within six weeks.
! Please note that filing an objection or an appeal does not have a “suspensive effect”: this means that once the deadline has passed, the municipality can collect the penalty payment from you.
What arguments can you raise?
An enforcement decision by the municipality can have serious consequences. You must cease the violation by a certain date; otherwise, you risk owing a penalty (“forfeiting” it). Challenging municipal enforcement can be complicated. The general rule is that the municipality is required to take enforcement action in the event of a violation. This is known as the principle of mandatory enforcement. Only in exceptional cases may the municipality waive this obligation, for example, if there is a concrete prospect of legalization, or if the consequences of enforcement are disproportionate. It is therefore important that you submit your statement of views in a timely manner and subsequently provide the correct grounds in your objection if you wish to successfully challenge an enforcement decision.
Lawyer for company acquisitions in Rotterdam
Would you like to know more or do you have questions about this topic? Please contact Laura Kleijne at 010-209-2749 or 06-2932-7393.
