Request for an Enforcement Order
When rules are violated, the municipal executive or the mayor usually intervenes by imposing a penalty on the offender. You can request that the municipal executive or the mayor take such action. You can do this by submitting a request for enforcement.
- You should file an enforcement request if you want the mayor and aldermen or the mayor to issue a decision to enforce violated rules.
- You must have a direct interest in enforcing the rules. Your interest must be sufficiently distinct from the interests of others.
- You cannot submit an anonymous request for enforcement. When your request is processed, your name and address will be disclosed to the offender.
- Filing an enforcement request in disputes between the petitioner and the offender can unnecessarily escalate the conflict. Neighborhood mediation can help in these types of cases. For more information, visit the Neighborhood Mediation page.
- This form is not intended for reports or complaints regarding, for example, traffic violations, parking problems, loose sidewalk tiles, broken streetlights, litter, vandalism, pests, or disturbances in public spaces. For these types of reports or complaints, please visit the “Zo Gemeld” page.
Submit in writing
You may also submit a request for enforcement in writing to the Mayor and Aldermen or the Mayor, P.O. Box 4, 4760 AA Zevenbergen.
In the enforcement request, please include the following:
- your name and address;
- the date of your request;
- a description of the violation (who, what, where, when, and how);
- that you request the competent administrative body to issue an enforcement decision;
- your interest in an enforcement decision;
- Your signature.
You may not use the municipality's email address to submit enforcement requests.
Good to Know
- We will determine whether you are an interested party with respect to the decision you have requested. If you are not, your request cannot be considered a formal application. In that case, your request will not be processed.
- We will assess whether your request is sufficiently specific. If your request is unclear or incomplete, you will be given the opportunity to provide clarification or additional information.
- The contents of the enforcement request and your identity will be disclosed to the person you believe is in violation. This is because that person must be able to defend themselves against the contents of the request. An enforcement request can have a significant impact on the person you believe is in violation. Your request may trigger a visit from regulators, who have certain powers, such as the authority to request information. This process must be transparent to the person you believe is in violation.
- If you find this announcement objectionable, you may report the violation. We will assess whether there is cause for action, regardless of whether a formal request has been submitted.
- A municipal inspector will verify whether a violation has indeed occurred. The inspector will explain the reason for the visit to the person you believe is in violation. The inspector will then prepare an inspection report.
Extension of the deadline for deciding on your request
If we are unable to make a decision on your request within eight weeks of receiving it, you will receive a letter informing you of this. In this letter, we will indicate the timeframe within which we will be able to make a decision on your request.
If a violation is discovered during the visit, we first send a warning letter. In this letter, we give the offender a deadline to cease the violation. Sometimes a violation occurs because activities are being carried out without a permit, and the violation can be resolved by obtaining the permit. In that case, the offender is given the opportunity to apply for the permit within a specified timeframe. You will receive a copy of this letter.
After the deadline has passed, a supervisor will verify whether the violation has been resolved or whether the violator has submitted an application.
If, following the follow-up inspection, it appears that the violation has not been rectified or that no application for legalization has been submitted, we will notify the violator of our intention to impose a penalty. You will receive a copy of this letter. The violator and you will be given the opportunity to state your views on this matter within a specified time frame. This is known as submitting a statement of views. We will take the submitted statements of opinion into account in our final decision-making process.
We deviate from this procedure in emergency situations, such as when there is a danger to people, property, the surrounding area, the environment, etc. In such cases, we may decide to take immediate action.
We may grant or deny your request for enforcement. We grant your request:
- if there is a violation and
- we cannot or will not grant a permit for this, and
- enforcement action should not be waived, given the circumstances of the specific case.
An order subject to a penalty or an administrative enforcement order will be imposed on the offender to ensure that he or she ceases the violation or does not repeat it. As the applicant, you will receive a copy of this. We are denying the request:
- if there is no violation or
- if there is a concrete prospect of legalization or
- Enforcement action should be refrained from, given the circumstances of the specific case.
In that case, no penalty payment or administrative enforcement will be imposed. You will receive a decision rejecting your request for enforcement. The person to whom the request for enforcement pertained will receive a copy of this decision.
If you disagree with the decision, you may file an objection. The offender may also file an objection against the imposed penalty payment or administrative coercion. If you disagree with the outcome of the objection procedure, you may appeal to a court. The offender also has the right to appeal to a court.