When can a municipality issue announced immediately collectible penalty payments?

Questioner

Administrative law - penalty payments. I have received a decision to impose a penalty payment. That was last autumn. I complied with that order on time. The order was addressed to me (the owner of the plot) and states that << I 'must end the violation of the General Provisions of Environmental Law Act Art. 2.1, first paragraph under a, and 2.3a, first paragraph, and 2.1, first paragraph under c, and must keep it ended'. 'This can be done, it is stated, by removing the main building and the outbuilding on the plot cadastrally located [my plot] and keeping them removed' before [date/time] >>. The 'Imposition of a penalty payment order also applies pursuant to Wabo Art. 5.18 to my legal successor and further legal successors' (recorded as such in the municipal restrictions register as a public-law restriction). I have now built a small structure, temporarily as a roof over my head. With that I am committing another violation. From the municipality department VT&H, I have just received an informal written warning that immediately collectible fines can be issued for the current violation; the advice to take that into account, furthermore some other matters. Now the issue: at first glance it is difficult to see, but the structure is NOT on my plot; it is (just, but in fact) on an adjacent municipal forest plot. Where it is also not allowed due to the zoning. I am also considering moving further into the forest with the structure. First question: does the penalty payment order that I received only apply to violations on the plot in question (my plot), or does it apply more generally to the construction of a structure by me where and when that is not allowed? This leads to the second question: can immediately collectible penalty payments now indeed be issued, or only a new penalty payment order?

Lawyer

A penalty payment order is addressed to the offender and is in principle linked to the plot on which the violation took place. The description of the violation and its location are parts of the penalty payment order that you have received. If the new, temporary structure is indeed not on your plot, but is in conflict with the zoning plans or building regulations, then you may be in violation again. However, this violation takes place on a different plot than the one the original penalty payment order refers to. It therefore seems more likely that the municipality will have to start a new procedure for this new violation on the other plot, which can start with a new penalty payment order. This does not automatically mean that immediately collectible penalty payments can be imposed. The usual procedure here is that first a warning is issued, then a penalty payment order and then the possibility of collection if the order is not complied with. Nevertheless, I would recommend seeking legal advice from a specialized lawyer or legal expert. They would then be able to assess the correspondence from the municipality and the exact wording of the received penalty payment order(s). Administrative law can sometimes be quite complex and it is essential to understand exactly where your rights and obligations lie in this situation. This advice is merely exploratory. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.