Administrative Enforcement Procedure in Westland

Administrative Enforcement Procedure in Westland

The administrative enforcement procedure is the structured approach used by the Municipality of Westland to address violations through coercive measures, such as removal or seizure. It provides an alternative to criminal proceedings and ensures fair treatment for Westland residents through clear rules. This article dives into the details, from the foundational laws to your options and local advice.

What Does Administrative Enforcement Entail in Westland?

Administrative enforcement under administrative law enables the Municipality of Westland to tackle violations directly, without immediately involving the court or public prosecution service. It often begins with an order for administrative enforcement or an order subject to coercive fine. If there is no voluntary compliance, execution follows, such as removing an illegal greenhouse extension or clearing illegal waste from the polders.

This method is efficiently focused on swift resolution, with room for your input through hearing and discussion. Unlike fines, it emphasizes restoration, ideal for Westland situations like building regulations in the glasshouse horticulture area.

Legal Basis

The procedure falls under Title 5.2 of the General Administrative Law Act (Awb), including:

• Article 5:21 Awb: defines coercive measures such as eviction or removal.
• Article 5:24 Awb: requires a genuine violation.
• Article 5:25 Awb: order for administrative enforcement with threat.
• Article 5:32 Awb: order subject to coercive fine as incentive.
• Article 5:35 Awb: recovery of the coercive fine.

General Awb rules such as motivation (art. 3:46) and due care (art. 3:2) also apply. Westland-specific rules under the Environment and Planning Act build on this, e.g., for greenhouse construction.

Stages of the Procedure in Westland

The steps are clearly defined:

1. Establishing the violation: Municipality of Westland inspects, e.g., illegal construction in Naaldwijk.
2. Hearing and discussion: You respond first (art. 3:15 Awb).
3. Imposing the order: With a compliance deadline (often 4-8 weeks).
4. Checking compliance: If unsuccessful, a notice of enforcement follows.
5. Executing enforcement: Municipality acts and passes on costs.

Comparison: Order for Enforcement vs. Coercive Fine

Practical Examples from Westland

Example 1: Illegal Greenhouse Extension. Municipality of Westland imposes €100 coercive fine per day. Demolish within 6 weeks, or €4,200 forfeited plus €5,000 execution costs.

Example 2: Aggressive Dog. In case of danger, euthanasia allowed (art. 5:21(2)), with order for owner.

Example 3: Waste Nuisance. Horticultural business clears up within 14 days, or municipality does it (€2,500 bill).

Rights and Obligations

Obligations:

• Execute the order on time.
• Pay enforcement costs (art. 5:33 Awb).

Rights:

• Objection within 6 weeks to Municipality of Westland (art. 6:3 Awb).
• Preliminary relief at Westland District Court (art. 8:81 Awb).
• Proportionality check (art. 5:28 Awb).
• Compensation for erroneous enforcement (art. 5:37 Awb).

Compliance halts the coercive fine immediately.

Objection and Appeal

File objection with Municipality of Westland against the order. Timely submission is crucial. Urgent? Summary proceedings at Westland District Court. Success can quash the order or refund money. Contact the Legal Aid Office Westland for assistance.

Frequently Asked Questions

Tips for Westland Residents

• Respond quickly to letters from Municipality of Westland.
• Contact Legal Aid Office Westland for free advice.
• Document everything for objection.
• Avoid enforcement by acting voluntarily.
• Check proportionality: too severe? File objection!