The problem of the illegal squatters and/or recyclers on this property has been reported many times.
The Squatters are causing a Specific health nuisance as described in:
North West - Extraordinary Provincial Gazette, 29 June 2012 No. 7011
5. Overcrowding and health nuisances on premises
No person shall occupy or cause or permit to be occupied any premises for habitable purposes so as to be a health nuisance, whether by overcrowding or otherwise.
This piece of land is the property of the City of Matlosana which places the City of Matlosana in contravention of the following (reason being - the municipalty of the City of Matlosana has been alerted to this problem on many occassion, which in effect means, the fact that the municipality of Matlosana is not reacting to these complaints and resolving it, is (a) creating a municipal health nuisance and (b) ban an action directly or indirectly (allowing) or by negligence (not attending the problem) allow that a municipal health nuisance be created or continued.)
13. Prohibition on the creation, existence or occurrence of a municipal health nuisance
(1) No person may, in any area under the jurisdiction of the municipality -
(a) create a municipal health nuisance
(f) by an action directly or indirectly of by negligence allow that a municipal health nuisance be created or continued
The recycling business is in contravention of the Waste management by-law, chapter 3, par 5 (a) which states:
(a) be in such a position on the premises as will allow the storage of APPROVED RECEPTACLES without their being visible from a street or public place.
Chapter 10 (Littering and Dumping)
41 (2) (a) emptied and cleaned periodically to ensure that no receptacle or its contents become a nuisance.
PROVINCIAL GAZETTE EXTRAORDINARY, 29 JUNE 2012
MUNICIPAL HEALTH NUISANCES AND HEALTH RISKS
HEALTH NUISANCES AND HEALTH RISKS
3. Health Nuisances and health risks
(1) A municipal health nuisance exists or occurs if any of the following exists or occurs on any land or premises:
(b) an accumulation of waste or other matter which is harmful or dangerous to health;
(e) a building, structure or enclosure is -
(i) so constructed, situated, used or kept as to be harmful or dangerous to health
(ii) kept OR PERMITTED to remain in a state as to be harmful or dangerous to health; or
(iii) infested with pests or vermin or in a state THAT IS CONDUCIVE TO THE BREEDING OF PESTS OR VERMIN;
(h) unhygienic conditions are present on any part of the land or premises
SPECIFIC HEALTH NUISANCES
(2) No person may fail to keep any premises owned or occupied by him clean and free from filth, debris, rubbish, glass, paper, rags, tins, lumber, weeds or undergrowth is unsightly or likely to become a nuisance or injurious to health.
PROHIBITION AND ELIMINATION OF HEALTH NUISANCES
(1) No person may, in any area under the jurisdiction of the municipality
(c) organize, allow or permit and activity, event or function in or on land or premises, or use, cause, allow or permit to be used land or premises for a purpose which by its nature or otherwise or by reason of its consequences creates or is likely to create a municipal health nuisance
14 Duty to eliminate or reduce a municipal health nuisance
The owner, occupier or user of land or premises must -
(i) ensure that a municipal health nuisance does not exist or occur on his or her land or premises; and
(ii) within 24 hours of becoming aware of the existence of a municipal health nuisance on the land or premises, eliminate the municipal health nuisance, or if he or she is unable to eliminate the municipal health nuisance -
(aa) take steps to the satisfaction of the municipality to reduce the risk to municipal health; and
(bb) report the existence of the municipal health nuisance to the municipality.
We then draw your attention to Chapter 12 (ENFORCEMENT), Chapter 12 (Prohibition Notice), Chapter 12 (MUNICIPAL REMEDIAL WORK)
We, the taxpaying citizens of the City of Matlosana, finds the 'condoning' of this practice unacceptable and therefore, respectfully petition the Department of Cleansing, Department of Health Services, Department of Community Services, The Municipal Manager and the Office of the Speaker to remove this unsightly activity and health risk from our midst by applying the Chapter 12 of the PROVINCIAL GAZETTE EXTRAORDINARY, 29 JUNE 2012
I submit this petition under Chapter 12 (60) Liaison forums in the community
(2) The forums contemplated in sub-section (1) may consist of
(a) a member or members of an interest group of an affected person in the spirit of section 2(4)(f) to (h) of the National Environmental Management Act, 1998 (Act 107 of 1998)
(b) a member or members of a community in whose immediate area a municipal health nuisance occurs or may occur.
(4) A forum (in this case The Matlosana Problem Reporting & Resolution Hub) or a person or persons contemplated in subsection 2, may, on own initiative, having regard to the provisions of section 31 of the National Environmental Management Act, 1998 (Act 107 of 1998), submit an input to the municipality for consideration.
Please do not use vulgar/swear words.