Objection Procedure against Enforcement in Delft
In Delft, citizens can lodge an objection against enforcement decisions of the municipality, such as administrative fines for violations in the historic inner city or fines for illegal constructions near TU Delft. This proceeds in accordance with Chapter 6 of the Awb, with a time limit of six weeks after becoming aware. The Administrative Handling Department of the municipality of Delft must handle the objection, including the duty to hold a hearing, unless exceptions apply such as evident unfoundedness.
In the objection phase, the legal qualification, proportionality of measures – think of enforcement on terrace rules along the canals – and procedural requirements are reviewed. The municipal executive may amend, withdraw the decision or mitigate the administrative fine based on local circumstances.
Appeal Procedure before the Administrative Court
After a negative decision on objection, appeal lies with the District Court of The Hague, Administrative Law Section (art. 8:1 Awb), which is competent for cases from Delft. The judge reviews the legality de novo, including a renewed factual assessment, for example in enforcement issues concerning monuments or environmental rules in the municipality. Interim relief (art. 8:81 Awb) is possible to suspend execution in cases of urgent interest, such as threatened demolition in the old city centre.
For fines, the mitigation power applies (art. 5:43 Awb), often applied in Delft APV violations. Successful appeals frequently result in annulment due to careless qualification, disproportionate sanctions or insufficient reasoning, as recently shown in cases concerning parking fines and building regulations around the Technopolis campus.