Objection Procedure against Enforcement in Zoetermeer
In Zoetermeer, citizens can file an objection against enforcement decisions of the municipality, such as administrative fines or penalty payments for illegal constructions in the Buytenwegh district or fines for violations of the APV. This proceeds in accordance with Chapter 6 of the Awb, with a time limit of six weeks after becoming aware of the decision. The Administrative Handling Department of the Municipality of Zoetermeer handles the objection and is required to hold a hearing, unless the case does not require it, for example in simple violations around the Zoetermeer Stadium.
In the objection phase, the legal qualification, proportionality, and compliance with procedural rules are reviewed. The municipal executive may amend or revoke the decision, taking into account local circumstances such as enforcement of parking rules in the city centre.
Appeal Procedure at the District Court of The Hague
Following a negative decision on objection, appeal lies with the administrative court of the District Court of The Hague (art. 8:1 Awb), which has jurisdiction over Zoetermeer cases. The court fully reviews the legality de novo, including a renewed factual assessment. In cases of urgency, such as the threatened demolition of a shed in Seghwaert, interim relief is possible (art. 8:81 Awb) to suspend enforcement temporarily.
For fines in Zoetermeer, the power to mitigate applies (art. 5:43 Awb). Recent rulings on enforcement in the municipality, such as environmental violations near the Binckhorst area, often lead to annulment due to careless reasoning or disproportionate sanctions. Local case law strictly emphasises the duty to state reasons of the municipal executive.