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| Jerusalem Punishes Illegal Builders

Zev Stub    
Wednesday, 07 November 12:24 PM
Following the Jerusalem Municipality's appeal to the Court for Local Affairs, the court ruled that the offenders should be strict with planning and construction offenders who ignore the law and court orders.

Last month, the local affairs court sentenced severe penalties to a building offender who included a high fine and a significant sentence of probation. This is a sentence that reflects the recent trend of the courts to toughen the punishment of building offenders in view of the change in the Planning and Building Law.

Before the court, the case of a defendant who built a four-story building in an area of more than 1,000 square meters in the Beit Hanina neighborhood without a permit was brought before the court, and in 2004 the court imposed a fine of NIS 500,000 on the defendant, And ordered him to adjust the illegal construction of the permit, including through demolition, no later than July 2006. The court even gave the defendant lengthy periods in order to act to demolish or prepare the building offense, but nevertheless, when the time came for executing the order The court chose the defendant to make his own judgment and leave the building intact.

As a result, an additional indictment was filed against the Defendant in April 2016 for an offense of non-compliance with the judicial order given him and he was brought before the Court for deliberation. Since he admitted the offense attributed to him, the Honorable Judge Dembitz decided to convict him, but rejected the hearing on his case in order to enable him to exhaust planning proceedings, as much as possible. However, even in the subsequent hearing, the defendant did not have a permit for the building.

In the sentence handed down, the court accepted the position of the Jerusalem Municipality in the need to impose significant penalties in such cases, which express the importance of eliminating the delinquency of construction. Judge Dembitz reviewed the Supreme Court's decisive rulings, which indicate that "the phenomenon of building structures without a permit and applying for a permit only after final facts have been established on the ground is a common phenomenon and must be eradicated. This gloom is ongoing, reality is more serious, and a harsh and concrete punishment policy is required in order to destroy it. "

The court noted that this is a large-scale construction of a four-story building, which is feared not built according to the professional requirements and may collapse on its occupants, and that this is an offense with an economic profit. The court also added that this was a very serious offense that the defendant chose to carry out knowingly while harming the social value protected by planning and building laws. In light of this, the court decided to charge the defendant with the maximum fine set by law plus a daily fine of 600 NIS for each day the offense continued, and a total fine of 183,400 NIS! In addition, the court imposed a six-month probation sentence on the defendant and determined that the defendant would uphold the order to adjust the building to a permit or to demolish it within three months from the date of sentencing.

The municipal prosecution in the Jerusalem municipality noted that "this is a judgment of great importance, which increases the deterrent to building offenders by means of the severe penalties imposed on them." The construction of the building will harm the planning and quality of life of the residents and will cause heavy economic damage to the city. The phenomenon of illegal construction. "
       
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