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george municipality: town planning policy on house shops

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(i) the provisi<strong>on</strong>s incorporated in a z<strong>on</strong>ing scheme in terms of this<br />

Ordinance, or<br />

(ii) c<strong>on</strong>diti<strong>on</strong>s imposed in terms of this Ordinance or in terms of the<br />

Townships Ordinance, 1934,<br />

except in accordance with the intenti<strong>on</strong> of a plan for a building as<br />

approved and to the extent that such plan has been implemented, or<br />

(b) utilise any land for a purpose or in a manner other than that intended<br />

by a plan for a building as approved and to the extent that such plan<br />

has been implemented.”<br />

“40(1) (a) If a building or any porti<strong>on</strong> thereof was erected in c<strong>on</strong>traventi<strong>on</strong> of<br />

secti<strong>on</strong> 39(2) (a), the local authority shall serve an instructi<strong>on</strong> (herein<br />

referred to as the instructi<strong>on</strong>) <strong>on</strong> the owner c<strong>on</strong>cerned-<br />

(i) to rectify such c<strong>on</strong>traventi<strong>on</strong> before a date specified in the<br />

instructi<strong>on</strong>, being not more than six m<strong>on</strong>ths after the date of the<br />

instructi<strong>on</strong> or, at the opti<strong>on</strong> of the said council,<br />

(ii) to apply for the determinati<strong>on</strong> of a c<strong>on</strong>traventi<strong>on</strong> levy, or in terms of<br />

secti<strong>on</strong> 15 for a departure, before a date specified in the instructi<strong>on</strong>,<br />

being not more than 30 days after the date of instructi<strong>on</strong>.<br />

(b) If the said owner fails to comply with the instructi<strong>on</strong>, the local authority<br />

shall, subject to the provisi<strong>on</strong>s of paragraph (c), take all such steps as<br />

may be necessary to rectify such c<strong>on</strong>traventi<strong>on</strong>”<br />

“40(2) Any amount spent by the local authority in terms of subsecti<strong>on</strong> (1) shall be<br />

recoverable by that local authority from the owner”<br />

“41 Any pers<strong>on</strong> authorised thereto in writing by the Administrator or director or<br />

a council may at any reas<strong>on</strong>able time, after reas<strong>on</strong>able notice and causing<br />

as little inc<strong>on</strong>venience as possible enter up<strong>on</strong> any land in order to –<br />

(a) do anything which the Administrator or the director or such a council,<br />

as the case may be, is permitted or required to do in terms of this<br />

Ordinance, or<br />

(b) make an inquiry, an investigati<strong>on</strong> or a survey in c<strong>on</strong>necti<strong>on</strong> with the<br />

exercise or performance of his or its powers or duties by the<br />

Administrator or director or such a council, as the case may be, in<br />

terms of this Ordinance.”<br />

“46(1) Any pers<strong>on</strong> who –<br />

(a) c<strong>on</strong>travenes or fails to comply with a provisi<strong>on</strong> of secti<strong>on</strong> 23(1), 33(12),<br />

35(2), or 39(2), or<br />

(b) threatens, resists, hinders or obstructs, uses foul language, insulting<br />

or abusive language towards a pers<strong>on</strong> in the exercise of a power<br />

under secti<strong>on</strong> 41 or refuses or fails to answer to the best of his ability<br />

a questi<strong>on</strong> put to him in terms of said secti<strong>on</strong>, shall be guilty of an<br />

offence and <strong>on</strong> c<strong>on</strong>victi<strong>on</strong> liable to a fine not exceeding R10 000 or to<br />

12

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