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Encroachment of Municipal Property By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [Up to date as at 4 May 2021]
2. Council permission required
3. Rules for the construction of encroachments
5. Balconies and bay window
6. Plinths, pilasters, corbels and cornices
7. Verandas around cornersIf a veranda is built around a corner of a public road it must be properly displayed rounded to follow the curve or kerb.
8. Pavement openings
9. Maintenance, removal and tenancy of projections
10. Encroachments erected in front of buildingsIf any encroachment has been erected or constructed in front of any building, the owner must at his, her or its expense-(a)pave the whole footway or pavement under the encroachment or in front of the building in which the pavement opening is fixed; and(b)lay the road kerbing and guttering and paving in front of the building for the full width of the footway or pavement
12. Offences and penaltiesAny person who-(a)contravenes or fails to comply with any provisions of these By-laws ;(b)fails to comply with any notice issued in terms of these By-laws;(c)fails to comply with any lawful instruction given in terms of these Bylaws; or(d)obstructs or hinders any authorized representative or employee of the Municipality in the execution of his or her duties under these By-laws, is guilty of an offence and is liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months, and in the case of a continuing offence, to a further fine no exceeding R50, or in default of payment to imprisonment not exceeding one day, for every day during the continuance of such offence after a written notice has been issued by the Municipality and served on the person concerned requiring the discontinuance of such offence.
13. Repeal of by-lawsThe provisions of any By-law relating to encroachment of Municipal Property are repealed insofar as they relate to matters provided for in these By-laws.
14. Short titleThis By-law is called Encroachment of Municipal Property By-laws.
- Entire By-law
- 1. Definitions
- 2. Council permission required
- 3. Rules for the construction of encroachments
- 4. Columns
- 5. Balconies and bay window
- 6. Plinths, pilasters, corbels and cornices
- 7. Verandas around corners
- 8. Pavement openings
- 9. Maintenance, removal and tenancy of projections
- 10. Encroachments erected in front of buildings
- 11. Encroachments
- 12. Offences and penalties
- 13. Repeal of by-laws
- 14. Short title
History of this By-law
27 February 2009 this versionPublished in Eastern Cape Provincial Gazette no. 2042By-law commences.