Administrative Enforcement Procedure in Zoetermeer

Administrative Enforcement Procedure in Zoetermeer

The administrative enforcement procedure is the structured approach used by the Municipality of Zoetermeer to address violations through coercive measures, such as cleanup or seizure. This offers an alternative to criminal proceedings and ensures fair treatment for residents. In this article, we explore the rules, your options, and tips specific to Zoetermeer.

What Does Administrative Enforcement Entail in Zoetermeer?

In Zoetermeer, the Municipality of Zoetermeer applies administrative enforcement under administrative law to swiftly resolve illegal situations without immediately involving the courts or police. It often begins with an administrative enforcement order or penalty payment order. If no voluntary action is taken, execution follows, such as demolishing an unpermitted extension in a neighborhood like Seghwaert or removing nuisance animals.

This method is efficient: focused on remediation, with room for your input. Unlike fines, it aims to reverse the violation rather than punish.

Legal Basis

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

• Article 5:21 Awb: Explanation of coercive measures (eviction, cleanup, seizure).
• Article 5:24 Awb: Conditions (violation must be actual).
• Article 5:25 Awb: Administrative enforcement order (directive with threat).
• Article 5:32 Awb: Order subject to penalty payment (financial pressure).
• Article 5:35 Awb: Collection of the penalty payment.

General Awb rules such as motivation (art. 3:46) and due care (art. 3:2) also apply. Laws like the Environment and Planning Act supplement for local issues in Zoetermeer.

Phases of the Procedure in Zoetermeer

The Municipality of Zoetermeer follows these steps:

1. Establishing the violation: Inspection, e.g., illegal occupancy in Zoetermeer.
2. Hearing and response: You may respond (art. 3:15 Awb).
3. Imposing the order: With a deadline for voluntary compliance (often 4-8 weeks).
4. Checking compliance: Non-compliance leads to enforcement notice.
5. Executing enforcement: Municipality intervenes and charges costs.

Comparison: Administrative Enforcement Order vs. Penalty Payment Order

Practical Examples from Zoetermeer

Example 1: Unpermitted extension. Municipality of Zoetermeer imposes € 100 daily penalty payment. Demolish within 6 weeks, or forfeit € 4,200 plus € 5,000 execution costs.

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

Example 3: City cleanup. Hospitality business cleans up within 14 days, or Municipality of Zoetermeer does it (€ 2,500 invoice).

Rights and Obligations

Obligations:

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

Rights:

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

Compliance halts the penalty payment immediately. Contact Het Juridisch Loket Zoetermeer for free advice.

Objection and Appeal

Submit to the Municipality of Zoetermeer. No suspension means no appeal possible. Urgent? Summary proceedings at the District Court of Zoetermeer. Success can quash the order or refund money.

Frequently Asked Questions

Tips for Residents of Zoetermeer

• Respond immediately to the order to save costs.
• Engage Het Juridisch Loket Zoetermeer for assistance.
• Document everything for objection at the District Court of Zoetermeer.
• Check proportionality: enforcement must fit the violation.
• Prevention: verify permits with the Municipality of Zoetermeer in advance.