Administrative Enforcement Procedure in Delft

Administrative Enforcement Procedure in Delft

The administrative enforcement procedure is the structured approach followed by the Municipality of Delft to address violations using enforcement measures, such as clearance or seizure. This offers an alternative to criminal proceedings and ensures fair treatment for Delft residents through clear rules. In this article, we explore the procedure, focusing on local examples, your rights, and tips specific to Delft.

What does administrative enforcement mean in Delft?

Administrative enforcement under administrative law enables the Municipality of Delft, province, or water board to resolve violations without immediately involving the courts or public prosecution service. It often begins with an order for administrative enforcement or penalty payment order. If not complied with, execution follows, such as removing an illegal extension in the historic city center or clearing nuisance bicycles from the Markt.

This method is efficient, aimed at swift resolution, while providing room for your input through the opportunity to be heard. In Delft, with its strict rules on monuments and student housing, it focuses on restoration rather than fines alone.

Legal basis

The administrative enforcement procedure is set out in Title 5.2 of the General Administrative Law Act (Awb), including:

• Article 5:21 Awb: Definition of enforcement measures (eviction, clearance, seizure).
• Article 5:24 Awb: Conditions (violation must be real).
• Article 5:25 Awb: Order for administrative enforcement.
• Article 5:32 Awb: Penalty payment order.
• Article 5:35 Awb: Collection of penalty payment.

General Awb rules such as reasoning (art. 3:46) and due care (art. 3:2) also apply. In Delft, the Environment and Planning Act and local bylaws supplement these, for example regarding construction in protected areas.

Stages of the procedure in Delft

The steps are clearly defined:

1. Establishing the violation: Municipality of Delft verifies, e.g., illegal room rental.
2. Opportunity to be heard: You respond first (art. 3:15 Awb).
3. Imposing the order: With a deadline (often 4-8 weeks).
4. Checking compliance: If failed, intent to enforce.
5. Executing enforcement: Costs are recovered.

Comparison: Order for administrative enforcement vs. penalty payment

Practical examples from Delft

Example 1: Illegal extension. Municipality of Delft imposes € 100 penalty payment per day. Demolish within 6 weeks, or € 4,200 forfeited plus € 5,000 costs after municipal execution.

Example 2: Nuisance dog. In case of danger, euthanasia permitted (art. 5:21(2) Awb), with order on owner.

Example 3: Cleaning obligation. Hospitality business on Beestenmarkt clears up within 14 days, or Municipality of Delft charges € 2,500.

Rights and obligations

Obligations:

• Comply with the order.
• Pay enforcement costs (art. 5:33 Awb).

Rights:

• Objection within 6 weeks (art. 6:3 Awb) to Municipality of Delft.
• Interim relief from District Court of The Hague (art. 8:81 Awb).
• Proportionality (art. 5:28 Awb).
• Compensation for unjustified enforcement (art. 5:37 Awb).

Compliance halts the penalty payment immediately.

Objection and appeal

Objection to Municipality of Delft; in urgent cases, summary proceedings at District Court of The Hague. Success may lead to withdrawal of the order.

Frequently asked questions

Tips for Delft residents

• Respond quickly to the order from Municipality of Delft.
• Consult Delft Legal Advice Office for free advice.
• Gather evidence for objection.
• Consider interim relief from District Court of The Hague if urgent.
• Prevent issues with a permit check for construction in Delft.