§ 17 Supervision and enforcement
17.1 The municipality has a duty of supervision and if the Municipal Council becomes aware of an illegal situation in land use, it has a duty to seek legalization of the situation.
17.2 The municipal planning authority may, after prior notification to the user right holder or owner, demand access to any area and private property in order to carry out inspections, surveys and other technical preparatory work for planning in accordance with this regulation, cf. planning and land use legislation (§59).
17.3 The municipality may withdraw an area allocation in the following situations:
- The licensee shall notify the termination of the land use, cf. subsection 4.
- The municipality notes the cessation of land use, cf. subsections 5, 6 and 7.
- The municipality finds a breach of the terms for land allocation, cf. subsections 8 and 9.
17.4 The licensee is obliged to notify the municipality when the land use ceases.
17.5 If the area is not taken into use within the deadlines specified in Section 11, the area allocation will lapse.
17.6 The licensee must provide a statement within a period of 4 weeks, clarifying the reason for the cessation of land use. If the deadline is not met, the Municipal Council will initiate steps to rectify the situation by sending a notice of repossession.
17.7 If there is a prospect of a requirement for extensive clean-up and possible demolition, the licensee will be notified so that the licensee has the opportunity to reassess the situation, including disposing of the Values on the area with a view to a third party continuing the use of the area. If the licensee insists on cessation, the repossession will be carried out.
17.8 Breach of the terms of a land allocation may consist of a breach or failure to comply with any given terms. If terms are not complied with, the Municipal Council will initiate steps to rectify the situation by sending a notice of repossession.
If an applicant has knowingly or through gross negligence provided incorrect information about matters of significant importance for the land allocation, the land allocation may be revoked. Before revocation, the land allocation holder will be notified in writing and given a period of at least 2 weeks to provide correct information, with a view to a renewed case processing.
§ 18 Sanctions
18.1 The current owner of a building or facility or user of an area is obliged to rectify an illegal situation and is subject to sanctions in accordance with Section 62 of the Planning Act.