Town & Country
Development Planning Office
Tuesday, May 23, 2017
TCDPO
Penalties

Penalties for Non-Compliance with Enforcement Notices or Contravention of Stop Notices
In addition to the powers of the Chief Town Planner to carry out the requirements of an Enforcement Notice, it is enacted that where the notice requires specified steps to be taken, the person who was the owner of the land at the time the notice was served shall, if the aforementioned steps are not duly taken be in breach of the notice and there by guilty of an offence for which he is liable on conviction to a fine of $1,000 in accordance with Section 36 (1).

When a person has been convicted under the provisions of Section 36 and does not secure compliance with the Enforcement Notice, he is guilty of another offense and is liable on conviction to a fine of $250 each day following his first conviction (s. 36(4)).

Any person who carries out an activity required by the notice to cease is guilty of an offense and liable on conviction of a fine of $500 and if the activity continues after conviction he is guilty of a further offense and is liable to a fine of $100 for every day on which the activity so continues (s.36 (5)).

Any person who, without the grant of planning permission, reinstates or restores buildings or works which have already been demolished or altered in pursuance of an Enforcement Notice, is liable on conviction to a fine of $500 (s.40(5)).  However, they cannot be convicted under the provisions of Section 36 subsections (1), (2), (3) or (4) for failure to take steps required by an Enforcement Notice by way of demolition or alteration of what has been so reinstated or restored.

Any person who contravenes the provisions of a Stop Notice is guilty of an offense and liable on conviction to a fine of $1,000 and if the offense continues, to a fine of $250 for each day or part thereof after his first conviction.



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