With administrative enforcement, the government in Westland intervenes itself to stop a violation and places the costs on you. This is a more severe measure than an administrative fine.
What does administrative enforcement entail?
With administrative enforcement, the administrative authority in Westland takes action itself to undo a violation. Examples of this include:
- Demolition of an unauthorised structure
- Eviction of a dwelling or building
- Removal of illegal goods or storage
- Closure of a business
How does the procedure proceed?
- An announcement or warning from the administrative authority
- Opportunity to state your position
- Official decision on order under administrative enforcement
- A period to remedy the violation yourself
- Execution by the government if you do not intervene
- Recovery of costs is imposed on you
What distinguishes administrative enforcement from an administrative fine?
| Administrative enforcement | Administrative fine |
|---|---|
| Government acts itself | You must take action yourself |
| Costs are recovered afterwards | Fixed penalty per violation |
| Direct solution | Incentive to act yourself |
| More severe intervention | Less severe |
Cost recovery
The costs of the intervention by the administrative authority are recovered from you:
- All reasonable expenses incurred
- Including costs for planning and execution
- You can lodge an objection against the cost decision
Frequently asked questions about administrative enforcement in Westland
Can the government just remove my property?
No, this may only be done after a valid decision and after the expiry of the set period. You first get the chance to take action yourself.
What if I cannot afford the costs?
The government can collect the costs as a debt. You can try to agree on a payment plan.
Can I get my belongings back later?
Goods are often stored temporarily. Upon payment of storage costs, you can get them back.
How long is the period to take action yourself?
The period is generally at least 4 weeks, but may be shorter in cases of urgency. This is stated in the decision. As long as you intervene yourself within this period, the government may not act.
What if I do not accept the decision?
You can lodge an objection with the administrative authority within 6 weeks. Explain why you disagree. Usually, execution is suspended during the objection procedure, unless there is urgency.
Do I have to pay for errors by the government?
If the government acts improperly, you can object to the costs. Prove that the costs are unreasonable or that the execution was incorrect. Sometimes you can claim damages through a lawyer.
Is administrative enforcement also used for minor violations?
This is uncommon. Administrative enforcement is a severe measure for serious or recurrent violations. For minor matters, a warning or administrative fine is often chosen.
What if I do not cooperate with the execution?
The government can enforce the execution, if necessary with police assistance. This may entail additional costs. Legal steps are wiser than refusal.
How are the costs determined?
All reasonable costs, such as labour, materials and storage, are charged. You receive an overview in the cost decision, against which you can object.
Do I get compensation for damage?
Only if the government has acted unlawfully. Normal damage during execution is at your risk. Document everything and seek legal advice.
In summary
Administrative enforcement is a strict measure whereby the government in Westland acts itself to stop violations, with cost recovery as a consequence.