Illegal home business in trouble

2008-01-31 00:00

Tough legal action will be taken by the Msunduzi Municipality against a Prestbury resident who has been operating a business from his home without council approval for close on two years.

Vincent Declerck, a carpenter who assembles kitchen cupboards, has been operating from his home at 3 Inyoni Place even after the Executive Committee (Exco) declined his application to run a home business at an Exco meeting on November 1, 2007.

Declerck’s neighbours say the noise, dust and paint fumes generated adversely affect them.

Council said a Section 77 notice banning his business operation in a residential area was hand-delivered to him on December 14, but he refused to sign it. In terms of the notice, he was supposed to have ceased operation within 21 days, by January 4, 2008.

A dossier is being prepared to be sent to the municipal legal division to deal with Declerck.

Ward 26 councillor Glen McArthur said illegal business operations are a huge problem, exacerbated by the failure of municipal officials to implement the town planning scheme.

“Declerck should have been issued with a Section 77 notice in early 2007, when his three-month period to conduct his business was disallowed … This official failed to do so, rendering the legal department powerless,” he said.

The legal department would have taken action on the matter in 2007 had the relevant department provided the legal division with a copy of the Section 77 notice served on Declerck and a detailed inspection report by the investigating officers.

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