- Bulawayo City Council

PART II - OCCUPATION OF COUNCIL RESIDENTIAL PROPERTY

Records to be kept by director

7. (1) The director shall keep a register of all council residential property available, registering as separate premises each convenient unit of accommodation.

(2) In respect of each council residential property registered in terms of subsection (1), the director shall record-

(a) the number or some other description of such property; and

(b) the number of any lease agreement or purchase agreement or agreement of sale in terms of which such property is occupied or is being purchased; and

(d) the name and registration particulars of the holder of a certificate of occupation; and

(e) the names and, in the case of persons apparently under the age of nineteen years, the approximately date of birth of each dependant of the holder of a certificate of occupation; and

(f) the name and registration particulars of any lodger and his or her spouse and dependants, if any, of the holder of a certificate of occupation; and

(h) the income of the holder of a certificate of occupation.

No residence without certificates of occupation

8. (1) Subject to the provisions of these by-laws, no person shall reside in council residential property for more than forty-eight hours unless he is-

(a) the holder of a certificate of occupation and is registered according in respect of council residents property; or

(b) a lodger registered in respect of council residential property; or

(d) a person referred to in subsection (2) of section 9, who has complied with a notice in terms of the proviso to that subsection; or

(e) a person referred to in subsection (3) of section 9.

(2) Subject to the provisions of subsection (1), no person shall occupy council residential property in respect of which-

(a) he is not registered; or

(b) he does not have the consent of the holder of a certificate of occupation.

(3) It shall be the duty of the holder of a certificate of occupation relating to council residential property to take reasonable steps to ascertain that every person occupying that property may lawfully do so in terms of these by-laws.

(4) No holder of a certificate of occupation shall permit another person to occupy council residential property registered in his name unless that person may lawfully do so in terms of these by-laws.

Application for certificate to reside in council residential property

9. (1) If, after the date from which these by-laws apply to the council, a person is required to obtain a certificate of occupation to reside in the council residential property, he shall apply to the director giving such information as the director may reasonably require in order to ascertain his identity and the nature of accommodation which he may require.

(2) Notwithstanding the provision of section 8, any person who is lawfully residing in council residential property on the date these by-laws come into effect shall be deemed to be lawfully residing in the council residential property which he is then occupying:

Provided that the director may, by notice, in writing, call upon any such person to apply for a certificate of occupation in terms of these by-laws within one month of receiving such notice.

(3) If a person who has been occupying council residential property within the area without a certificate of occupation because he is the dependant of the holder of a certificate of occupation ceases to be a dependant, apply to the director for a certificate to reside in the area.

(4) Whenever any person referred to in subsection (3) applies for a certificate of occupation in terms of these by laws, the director shall issue a certificate to such a person, unless in the director’s opinion, the issues of such a certificate would result in the overcrowding of the council residential property concerned.

Issue of certificates of occupation

10.(1) Upon receipt of an application in terms of section9, the director shall issue a certificate of occupation in the form prescribed in the First Schedule.

(2) The director shall not issue a certificate of occupation to any applicant if suitable vacant accommodation is not available without causing overcrowding.

(3) The director may require any holder of a certificate of occupation to produce his certificate for inspection, and it shall thereupon become the duty of such holder-

(a) to produce the certificate of occupation; or

(b) to satisfy the director that he is the dependant of the holder of a certificate of occupation;

As soon as it is reasonably possible, and, in any case, within twenty-four hours.

(4) If any person to whom a certificate of occupation has been issued in terms of this section loses the certificate, he shall, within one week of noticing the loss, apply to the director for a duplicate certificate for which the council may charge a fee not exceeding fifty cents.

Payments of rents, service, supplementary and other charges

11.(1) The rents, service, supplementary and other charges payable in respect of council residential property shall be determined or prescribed in by-laws made by the council.

(2) The holder of a certificate of occupation of council residential property for which rent and other charges have been fixed interms of by-laws made by the council shall pay the rent and other charges monthly, in advance, to the director:

Provided that metered supplies of water shall be paid for monthly, in arrears.

(3) Where payment is tendered in terms of subsection (2), the payment shall first be allocated against the payment for rent and then against the payment for supplementary and other charges and lastly against the payment for service charges.

(4) If the rent for any council residential property has been paid by the seventh day of the month, the director may order the holder of a certificate of occupation to pay the rent within seven days or vacate the property.

(5) If the director has made an order in terms of subsection (4), and the rent is still unpaid after the twelfth day of the month, the director may lock up the council residential property for forty-eight hours and prevent the holder of a certificate of occupation from residing therein pending payment of the rent.

(6) If after the fourteenth day of the month the rent remains unpaid, the director may-

(a) summarily evict the holder of a certificate of occupation and all other occupants from the property; and

(b) cancel the holder’s certificates of occupation.

(7) Where the director evicts the occupants of council residential property in terms of subsection (6), he shall ensure that-

(a) any registered lodger is given an opportunity to remove his belongings; and

(b) care is taken not injure any person or property;

(c) any property worth more than one dollar and unclaimed upon eviction is taken into safe custody and director shall keep a record of-

(i) the nature of the property so taken; and

(ii) the date upon which the property was taken; and

(iii) the council residential property from which the property was taken.

(8) The director shall take reasonable steps to locate the owner of all property taken in terms of paragraph (c) of subsection (7) and, if it is not claimed within three months, and the director has reasonable grounds to believe that it has been abandoned, the director shall, subject to the directions of the Secretary for Local Government and Town Planning, deliver the property to an auctioneer for sale at a public auction.

(9) The proceeds of the sales of any property sold in terms of subsection (8) shall be credited to the housing account of the area.

Special provisions for single quarters

12.(1) Where single quarters are provided and a room in the single quarters is occupied by more than one person, each occupant shall comply with section 8.

(2) Each person registered for a room in single quarters shall be responsible for the payment to the council of an equal share or the rent prescribed for the room according to the number of persons occupying the room. Change of particulars

13. The holder of a certificate of occupation in respect of any council residential property shall, within seven days on the relevant event, report to the director-

(a) any change in the marital status of any person occupying the property; and

(b) the birth of a child to any woman occupying the property; and

Orders to vacate council residential property.

14. (1) The director may order the holder of a certificate of occupation to vacate council residential property occupied on a leasehold basis if—

(a) The holder of a certificate of occupation has failed to vacate the property one month after written notice has been given that the property is required by the council for repair, reconstruction, demolition or any other council or public purpose:

Provided that, in such circumstances, the director shall offer the holder of a certificate of occupation any available alternative accommodation before the exercise of his power under this section; or

(b) The holder of a certificate of occupation in respect of accommodation designed as married quarters ceases to occupy accommodation as a married person with his family.

(2) The holder of a certificate of occupation who has been ordered to vacate property in terms of subsection (1) shall vacate the property within one week of being ordered to do so.

(3) The dependants of the holder of a certificate of who is required to vacate Council residential property in terms of this section, and registered lodger occupying that property, shall vacate the property before the end of the period within which the holder is required to vacate the property.

(4) The issue of an order to vacate Council residential property shall not affect –

a) Any right of the council to recover payments and other charges due in respect of the occupation of the property including any damages suffered by the Council.

b) The rights of the Council or the holder of a certificate of occupation in respect of approved improvements made to that property during the currency of a lease in terms of which the property was occupied.

Abandoned Council Residential property

15. (1) If any Council residential property appears to have been abandoned by the holder of a certificate of occupation, the director may enter upon the property, take into safe custody any moveable property left on the property and re-allocate the Council residential property to any other person. (2) The director shall take reasonable steps to locate the owner of any property taken in terms of subsection (1), and, it if it is not claimed within three months, the director has reasonable grounds to believe that it has been abandoned, he shall subject to the directions of the Secretary for Local Government and Town Planning, deliver the property to an auctioneer for the sale at a public auction. (3) The proceeds on the sale of any property sold in terms of subsection (2) shall be credited to the housing account of the area.

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Occupation Of Council Property - PART II