Enforcement Decisions after Revocation in Amsterdam: Step-by-Step Guide for Offenders
In Amsterdam, following the revocation of a permit, an administrative enforcement order subject to penalty or fine is often imposed due to a violation, for example, illegal Airbnb rentals or building violations in the canal belt. Article 5:21 Awb governs the fair play principle with a reasonable rectification period, which prevents immediate sanctions by the Department of Spatial Planning (DRO).
Procedural Framework in Amsterdam
Steps specific to Amsterdam:
- Check the municipality's decision for carefulness, proportionality, and motivation in accordance with the APV (General Local Ordinance).
- File an objection within six weeks with the administrative department of the Municipality of Amsterdam.
- Request deferral of payment from the Department of Work and Income or the handling civil servant.
- Consider voluntary compliance, such as adjustment to the Housing Ordinance, to prevent escalation to the administrative court.
Legal Remedies in the Amsterdam Context
Appeal to the administrative court in Amsterdam, with an interim measure to suspend penalty payments. In case of repeated violations, such as in the city center, an administrative fine follows (Article 5:40 Awb). Success depends on the proportionality test and local policy priorities such as the preferred location policy. This step-by-step guide helps Amsterdammers with enforcement following the revocation of permits. (248 words)