Chapter 29:15
URBAN COUNCILS ACT
apportionment in terms of subsection (1) of section one hundred and sixty or the provisional
apportionment as determined by a board in terms of section one hundred and sixty-two, as the
case may be, and such final apportionment shall, subject to section one hundred and sixty-four,
be conclusive for all purposes.
(2) Notice of the final apportionment of expenses in terms of subsection (1) shall be served
on the owners liable to pay such expenses.
164 Objection to final apportionment of expenses of sidewalk works
(1) Within thirty days after notice has been served in terms of subsection (2) of section one
hundred and sixty-three, any owner charged with expenses under that apportionment may, by
notice in writing to the council, object to the final apportionment on any of the following
grounds—
(a) that the actual expenses have, without sufficient reason, exceeded the estimated expenses
by more than fifteen per centum of the estimated expenses;
(b) that the final apportionment has not been made in accordance with section one hundred
and sixty-three;
(c) that there has been an unreasonable departure from the specifications of the works.
(2) Subsections (2) and (3) of section one hundred and sixty-two shall apply, mutatis
mutandis, in relation to any objection lodged in terms of subsection (1).
(3) If the board appointed as provided in subsection (2) is satisfied that any objection in
terms of subsection (1) has been substantiated it may amend the final apportionment as it thinks
just.
165 Recovery of costs of sidewalk works
(1) The expenses apportioned in terms of section one hundred and sixty-three and one
hundred and sixty-four shall be recoverable from the owners of the land concerned or their
successors in title.
(2) The payment of any expenses referred to in subsection (1) may be made in one sum or in
instalments over a period of twenty-five years or such lesser period as may be agreed between
the council and the owner:
Provided that where the total amount of the expenses payable by any one owner is such that
the repayment period calculated in terms of this subsection would result in an amount of less
than two hundred and fifty dollars per annum being paid in respect of expenses and interest
calculated in terms of subsection (3), the council may determine that the period for repayment
of such expenses and interest shall be such that a maximum amount of two hundred and fifty
dollars shall be paid each year.
(3) Interest shall be payable on any expenses outstanding at such rate as may be fixed by the
council, being a rate which is not more than one per centum per annum above the rate of
interest charged at the date of the final apportionment by the State in respect of loans made to
local authorities.
(4) Where the payment of expenses is over a period—
(a) the first instalment shall be payable immediately after the final apportionment has been
made;
(b) if at any time during that period the owner wishes to make a payment in full settlement of
the expenses, he may pay the full amount of the outstanding expenses for which he is
liable, together with any interest charges which are due as at the date of such payment.
166 Hypothecation of land for costs of sidewalk works
(1) Where any final apportionment has been determined in terms of sections one hundred
and sixty-three and one hundred and sixty-four and has not been paid, the council may send a
notice in writing to the Registrar of Deeds specifying—
(a) each piece of land the owner of which is liable to pay any expenses; and
(b) the amount payable by the owner of the land.
(2) On receipt of a notice in terms of subsection (1) the Registrar of Deeds shall make an
entry thereof in the appropriate registers in respect of the land concerned and such entry shall
58
Select target paragraph3
Add to table of contents