Supervision and enforcement

§ 14 Supervision and enforcement

14.1 The municipality has a duty to supervise, and if the municipal council becomes aware of any illegal area use, it is obligated to seek to bring the matter into compliance.

14.2 Following prior notice to the rights holder or the owner, the municipal planning authority may demand to have access to any area and private property in order to conduct supervision as well as surveys and other technical preliminary works to be used for planning according to this regulation, cf. section 59 of the Act on spatial planning and land use.

14.3 The municipality may repossess an allotted area in the following situations:

  • The rights holder declares that the use of the area has ceased, cf. sub-section 4.
  • The municipality finds that the use of the area has ceased, cf. sub-sections 5 to 7.
  • The municipality detects non-compliance with the terms and conditions of area allotment, cf. sub-sections 8 and 9.

14.4 The rights holder is obligated to notify the municipality when the use of the area ceases.

14.5 If the area is not put to use by the deadlines stipulated in section 11, the area allotment is annulled.

14.6 The rights holder is to prepare a statement within four weeks, clarifying why the use of the area has ceased. If the deadline is exceeded, the municipal council takes steps to bring the matter into compliance by issuing a notice of repossession.

14.7 If extensive clearing or any demolition is required, the rights holder is given notice so the rights holder can reassess the situation, including sell values on the area in order to have a third party take over the use of the area. If the rights holder maintains that the use of the area has ceased, repossession takes place.

14.8 Non-compliance with the terms and conditions for area allotment may mean violation or lack of fulfilment of the terms and conditions. If the terms and conditions are not fulfilled, the municipal council takes steps to bring the matter into compliance by issuing a notice of repossession.

If an applicant, deliberately or with gross negligence, submits untrue information on aspects that considerably affect the area allotment, the area allotment may be annulled. Prior to annulment, the rights holder is notified of this in writing and is given a deadline of at least two weeks to present true information, so the case can be processed anew.

§ 15 Sanctions

15.1 The owner of a building or a facility for the time being or the user of an area is obligated to bring any illegal matters into compliance, and sanctions are imposed according to section 62 of the Act on spatial planning and land use.

 

Qaasuitsup Kommunia · Postboks 1023 · 3952 Ilulissat · Grønland · www.qaasuitsup.gl · E-mail: plan@qaasuitsup.gl · Tlf.: +299 947800
Last edited 19-6-2014