65BNotice of intention to issue enforcement notice

65B Notice of intention to issue enforcement notice

[Section 65B of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015]

(1)  [Section 65B Subsection (1) amended by No. 47 of 2015, s. 30, Applied:17 Dec 2015] An authorised officer who reasonably believes a person has committed, is committing, or is about to commit, an offence against section 57(4A) , section 63(3) or section 64(7) may issue a notice (a notice of intention to issue an enforcement notice) in relation to the offence and serve it on the person.

(2)  A notice of intention to issue an enforcement notice in relation to an offence must –

(a) be in writing; and

(b) specify the provision to which the offence relates; and

(c) contain particulars of the offence that give adequate information as to the nature of the offence; and

(d) specify that it is proposed that an enforcement notice be issued in relation to the offence; and

(e) specify that representations may be made in relation to the offence to an authorised officer specified in the notice; and

(f) specify that the representations may only be made in writing, delivered to an address specified in the notice, within the period specified in the notice.

(3)  The last day of a period specified under subsection (2)(f) in a notice of intention to issue an enforcement notice must not be sooner than 14 business days after the notice is served.

(4)  A person on whom a notice of intention to issue an enforcement notice is served may, within the period specified under subsection (2)(f) in the notice, make representations in writing to an address specified in the notice.

(5)  The planning authority must notify in writing an owner of land, in relation to which a notice of intention to issue an enforcement notice is served under subsection (1) , if the person on whom the notice is served is not the owner of the land.