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Sell it!
Court gives St James PC power to dispose of prime property turned nuisance
MARK CUMMINGS, Observer West senior reporter
Thursday, June 14, 2007
MONTEGO BAY, St James
The Montego Bay Resident Magistrate's Court has granted the St James Parish Council permission to sell an apparently abandoned piece of prime real estate on the popular Hip Strip in this resort city.
The property at 21 Gloucester Avenue, houses a burnt-out abandoned concrete building which used to be home to Montego Bay Bike Rentals Ltd.
The ex-parte order - described by parish council officials as "unprecedented," - was made in chambers by Resident Magistrate Carolin Tie on June 5.
"If the owner does not abate the nuisance within that time, then the council will start proceedings to sell the property," Ian Reid, the council's secretary/ manager told the OBSERVER WEST.
If it comes to that, the council will have to advertise the court's ruling in the local newspaper at least twice within the next four weeks and the Jamaica Gazette for six consecutive weeks. Additionally, the notice will have to be conspicuously placed on the premises.
The crackdown on the unsightly building forms part of a raft of initiatives undertaken by the council over the last two years, aimed at enforcing the various rules and regulations under its jurisdiction.
Along with another concrete structure on Tate Street, as well as two residential lots in Montego Bay, 21 Gloucester Avenue was declared a nuisance under the Towns Nuisances Prevention Act just over a year ago.
This effectively gave the council the power to seek a court order to sell the properties, if the owners did not repair, clean up or tear down the buildings or bush the lots.
Shortly after the declaration, notices were served by the local authority on the property owners for breaching the Building Act and the Town and Country Planning Act.
With the exception of the Gloucester Avenue property, all the other owners reportedly abated the nuisances, following the notices.
It is not clear who owns the Gloucester Avenue property, but Reid said he lives overseas and is said to have a "Chinese name."
If the owner, the secretary/ manager said, decides to abate the nuisance before the building is sold, he will be required to pay the council all costs and charges incurred by the local authority in bringing the matter before the court.
He argued that while the council is not really interested in selling private properties, the council is insisting that public safety and public order must be adhered to.
At the same time he is warning that the full force of the laws will be applied to persons who violate the various rules and regulation under its jurisdiction.
"The message is very clear. If you violate the building order, if you violate the planning order, if you violate the order given to abate public nuisance, there is going to be a consequence," he said. "In some instances you will lose you property and in others you will be fined," he said.
Court gives St James PC power to dispose of prime property turned nuisance
MARK CUMMINGS, Observer West senior reporter
Thursday, June 14, 2007
MONTEGO BAY, St James
The Montego Bay Resident Magistrate's Court has granted the St James Parish Council permission to sell an apparently abandoned piece of prime real estate on the popular Hip Strip in this resort city.
The property at 21 Gloucester Avenue, houses a burnt-out abandoned concrete building which used to be home to Montego Bay Bike Rentals Ltd.
The ex-parte order - described by parish council officials as "unprecedented," - was made in chambers by Resident Magistrate Carolin Tie on June 5.
"If the owner does not abate the nuisance within that time, then the council will start proceedings to sell the property," Ian Reid, the council's secretary/ manager told the OBSERVER WEST.
If it comes to that, the council will have to advertise the court's ruling in the local newspaper at least twice within the next four weeks and the Jamaica Gazette for six consecutive weeks. Additionally, the notice will have to be conspicuously placed on the premises.
The crackdown on the unsightly building forms part of a raft of initiatives undertaken by the council over the last two years, aimed at enforcing the various rules and regulations under its jurisdiction.
Along with another concrete structure on Tate Street, as well as two residential lots in Montego Bay, 21 Gloucester Avenue was declared a nuisance under the Towns Nuisances Prevention Act just over a year ago.
This effectively gave the council the power to seek a court order to sell the properties, if the owners did not repair, clean up or tear down the buildings or bush the lots.
Shortly after the declaration, notices were served by the local authority on the property owners for breaching the Building Act and the Town and Country Planning Act.
With the exception of the Gloucester Avenue property, all the other owners reportedly abated the nuisances, following the notices.
It is not clear who owns the Gloucester Avenue property, but Reid said he lives overseas and is said to have a "Chinese name."
If the owner, the secretary/ manager said, decides to abate the nuisance before the building is sold, he will be required to pay the council all costs and charges incurred by the local authority in bringing the matter before the court.
He argued that while the council is not really interested in selling private properties, the council is insisting that public safety and public order must be adhered to.
At the same time he is warning that the full force of the laws will be applied to persons who violate the various rules and regulation under its jurisdiction.
"The message is very clear. If you violate the building order, if you violate the planning order, if you violate the order given to abate public nuisance, there is going to be a consequence," he said. "In some instances you will lose you property and in others you will be fined," he said.