Order subject to a penalty

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty. The Board of Mayor and Aldermen can therefore, also in the example mentioned earlier, chose to impose an order subject to a penalty. If the illegal shed is not demolished, the offender will be obliged to pay a penalty payment for each week that the structure continues to stand. The order subject to a penalty as well as the order for administrative coercion are remedial sanctions. Although they are usually experienced as financially damaging and punishing, the primary objective of these sanctions is to terminate the breach. Administrative coercion and a penalty payment cannot be imposed at the same time; the public body must therefore choose.

VAN LEEUWEN LAW FIRM has a wealth of experience in remedial sanctions, orders for administrative coercion and orders subject to a penalty as well as the administrative fine as punishing sanction. If you are confronted with enforcement, also for example after a period permitted by the public body, in most cases the possibilities of notice of objection and appeal are open to you. It is important to contact us in a timely manner, because in most cases a final deadline of six (6) weeks applies for the notice of objection or lodging of an appeal. VAN LEEUWEN LAW FIRM can advise you about the possibilities and assist you in creating the best possible situation. VAN LEEUWEN LAW FIRM can also assist you during any consultation or represent you in the process of court proceedings.

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