Administrative Enforcement Procedure in Amsterdam

Administrative Enforcement Procedure in Amsterdam

The administrative enforcement procedure is the structured approach followed by the Municipality of Amsterdam to address violations using enforcement measures, such as clearance or seizure. It offers an alternative to criminal proceedings and ensures fair treatment for Amsterdam residents through strict rules. In this article, we explore the details, from the law to your options at the Amsterdam District Court and practical local tips.

What does administrative enforcement mean in Amsterdam?

Administrative enforcement under administrative law allows the Municipality of Amsterdam to tackle violations directly, without immediately involving the courts or public prosecution service. It often starts with an enforcement order or an order subject to a coercive fine. Non-compliance leads to execution, such as removing an illegal Airbnb listing or evicting an overcrowded canal house.

Practical and efficient: the focus is on swift remediation of the violation, with room for your response. Unlike fines, this is about restoring the situation rather than punishment, and it fits perfectly with Amsterdam's challenges like housing shortages and liveability.

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 enforcement measures (eviction, clearance, seizure).
• Article 5:24 Awb: Requirements (violation must be real).
• Article 5:25 Awb: Enforcement order with threat.
• Article 5:32 Awb: Order subject to coercive fine as incentive.
• 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) also apply. The Environment and Planning Act and local Amsterdam rules supplement these for topics like construction and the environment.

Phases of the procedure with the Municipality of Amsterdam

The steps are clearly defined:

1. Establishing the violation: Municipality of Amsterdam verifies, e.g., illegal occupancy in the Pijp.
2. Your response: Opportunity for hearing (art. 3:15 Awb).
3. Imposing the order: With a deadline for voluntary compliance (often 4-8 weeks).
4. Verification: If non-compliant, notice of intent to enforce.
5. Execution: Municipality carries it out and charges the costs.

Comparison: Enforcement order vs. coercive fine

Practical examples from Amsterdam

Example 1: Illegal Airbnb unit. Municipality of Amsterdam imposes coercive fine of € 100/day. Remove within 6 weeks, or € 4,200 forfeited plus € 5,000 execution costs.

Example 2: Aggressive dog in the Jordaan. In case of danger, euthanasia allowed (art. 5:21(2) Awb), with order for owner.

Example 3: Dirty terrace chairs in the Nine Streets. Clear within 14 days, or Municipality does it (€ 2,500).

Rights and obligations

Obligations:

• Comply with the order correctly and on time.
• Pay enforcement costs (art. 5:33 Awb).

Rights:

• Objection within 6 weeks to Municipality of Amsterdam (art. 6:3 Awb).
• Interim relief at Amsterdam District Court to halt enforcement (art. 8:81 Awb).
• Proportionality check (art. 5:28 Awb).
• Compensation for unjustified enforcement (art. 5:37 Awb).

Comply in the meantime? Coercive fine stops from then on.

Objection and appeal

File objection with Municipality of Amsterdam against the order or forfeiture. Timely filing is crucial for appeal to Amsterdam District Court. In urgent cases: summary proceedings. Success can withdraw the order or refund money.

Frequently asked questions

Tips for Amsterdam residents

• Respond immediately: Contact Municipality of Amsterdam.
• Seek free advice from Amsterdam Legal Aid Office.
• Document everything for objection.
• Consider mediation for neighbor disputes.
• Stay informed via amsterdam.nl/handhaving.