Administrative Coercion Procedure in Tilburg

Administrative Coercion Procedure in Tilburg

The administrative coercion procedure is the structured approach followed by the Municipality of Tilburg to address violations in the city using coercive measures, such as clearance or seizure. It provides an alternative to criminal proceedings and ensures fair procedures for Tilburg residents. This article explores the rules, your rights, and tips specific to Tilburg.

What does administrative coercion mean for Tilburg?

Administrative coercion under administrative law enables the Municipality of Tilburg, province, or water board to halt violations without involving a court or the public prosecutor. It often begins with an order for administrative coercion or coercive fine. If not complied with, action follows, such as removing an illegal structure in the Tilburg Spoorzone or clearing hazardous waste.

Practical and swift: the emphasis is on remediation, with a hearing and opportunity to respond for citizens. Unlike fines, this focuses on restoring the situation, not punishment.

Legal basis

The procedure is set out in Title 5.2 of the General Administrative Law Act (Awb), including:

• Article 5:21 Awb: Definition of coercive measures (eviction, clearance, seizure).
• Article 5:24 Awb: Requirements (violation must be actual).
• Article 5:25 Awb: Order for administrative coercion.
• Article 5:32 Awb: Order for coercive fine.
• Article 5:35 Awb: Forfeiture and collection of coercive fine.

General Awb rules such as motivation (art. 3:46) and due care (art. 3:2) apply. Sector-specific laws like the Environment and Planning Act supplement these, relevant for building enforcement in Tilburg.

Phases of the procedure with the Municipality of Tilburg

Step-by-step overview for Tilburg:

1. Establishing the violation: Municipality of Tilburg verifies, e.g., illegal occupancy in Oud-Zuid.
2. Hearing and opportunity to respond: You respond first (art. 3:15 Awb).
3. Imposing the order: Deadline for voluntary action (often 4-8 weeks).
4. Checking compliance: If failed, intention to enforce.
5. Executing coercion: Municipality acts and charges the costs.

Comparison: Order for administrative coercion vs. coercive fine

Practical examples from Tilburg

Example 1: Illegal extension. Municipality of Tilburg imposes €100 coercive fine/day. Demolish within 6 weeks, or €4,200 forfeited plus €5,000 execution costs.

Example 2: Problem dog. In case of danger, may be put down (art. 5:21(2) Awb), with order for owner.

Example 3: Cleanup. Café in city center must clear in 14 days; otherwise Municipality of Tilburg does it (€2,500 bill).

Rights and obligations in Tilburg

Obligations:

• Properly comply with the order.
• Pay enforcement costs (art. 5:33 Awb).

Rights:

• Objection within 6 weeks (art. 6:3 Awb).
• Preliminary relief from the District Court of Zeeland-West-Brabant (Breda) to halt enforcement (art. 8:81 Awb).
• Proportionality (art. 5:28 Awb).
• Compensation for unjustified coercion (art. 5:37 Awb).

Compliance stops the coercive fine immediately. Consult Juridisch Loket Tilburg for free advice.

Objection and appeal

File objection with Municipality of Tilburg against the order. Submit in time for appeal to District Court of Zeeland-West-Brabant (Breda). In urgent cases: summary proceedings. Success can withdraw the order.

Frequently asked questions for Tilburg

Tips for Tilburg residents

• Respond quickly to hearing obligation for milder approach.
• Contact Juridisch Loket Tilburg immediately for assistance.
• Document everything for objection at District Court of Zeeland-West-Brabant.
• Check Municipality of Tilburg website for local rules.
• Avoid coercion by acting voluntarily.