Gazette Notice……………………………..



In exercise of the powers conferred by section 201 of the Local Government Act, Municipal Council of Mavoko hereby makes the following by laws:- BUILDING BY-LAWS - 2009 (1) These by laws may be cited as the Municipal Council of Mavoko (Building) By-Laws 2009. (2) In this By-Laws, unless the context otherwise requires:- “Building” means any structure or erection and part of any structure or erection of any kind whatsoever whether permanent, temporary or movable, and whether completed or uncompleted and includes any boundary wall, screen wall, fence, hoarding or water or drainage work and any part there of; “Building operations”- includes rebuilding operations, structural alterations or additions to buildings and other similar operations and the making of access roads, railways, water works, sewerage and drainage works, electrical and telephone installations and any road works preliminary to, or incidental to the erection of buildings; “Advertisement” means any word, letter, devise, model, sign, placard, board, notice or representation whether illuminated or not in the nature and employed wholly or in parts for the purpose of advertisements of proprietors article and without prejudice to the foregoing includes any hoarding or similar structure used or adapted for use for the display of advertisement and reference to the display of advertisement, and references to the display of advertisements shall be construed accordingly; provided that any advertisement is put inside a building or private properties shall not be included. “Density” means the maximum amount of development permitted or the maximum number of persons permitted to reside, as the case may be, on any area of land; “Development” means- (a) the making of any material change in the use or density of any building or land or the sub-division of any land which for the purpose of this Bylaw is classified as class “A” development; and (b) the erection of such buildings or works and the carrying out of such building operations, as the minister may from time to time determine, which for the purposes of this Bylaws is classified as class “B” development: Provided that (i) the carrying out of works for the maintenance of improvements or other alteration, of or addition to, any building where such alterations or addition does not exceed 10% of the floor area of the building measured on the date this by-law becomes applicable to the area in which that building or land is situated (ii) the carrying out by a competent authority of any works required for the construction, maintenance or improvement of a road, if the works are carried out on land within the road reserves; (iii) the carrying out by the Council of any works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes, cables or other apparatus, including breaking open of any street for that purpose and the installation of services by the Council; shall not constitute development for the purposes of this by-law: provided further that the Council within seven days, after completion of works carried out as in subparagraph (iii), restore the site to conditions that would not be injurious to users and the environment; For the avoidance of doubt, it is hereby declared that for the purpose of this by-law (a) the deposit of refuse, scrap or waste materials on land involve a change of use thereof; (b) the use as two or more dwellings of a building previously used as one dwelling constitutes class “A” development; (c) the erection of more than one dwelling or shops or of both dwelling and shop on one plot constitutes class “A” development; (d) the display of any advertisement constitutes class “A” development; (e) the use of any buildings or land within the cartilage of a dwelling for any purpose incidental to the enjoyment of the dwelling constitutes class “A” development; ‘Council’ means Municipal Council of Mavoko ‘Municipal Planner’ - Means the Town Planner to the Council and includes any person duly authorized by him and by the council to act on his behalf. ‘Drain’ - Means any drain used for the drainage of one building only, or of premises within the same cartilage and made merely for the purpose of communicating there from with a receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed. ‘Drainage work’ means the construction, installation or other work for the discharge, reception or disposal of sewerage in connection with any premises or of any waste pipe, truck, urinal, water closet, stop hopper, sink, bath, lavatory basin, ventilation pipe, anti-syphonage pipe or any drain fitting or water flushing cistern and any work connected with the discharge of liquid or solid matter into any drain, sewer, cess pool, septic tank, sewerage filter installation or other like receptacle for drainage or otherwise connected with the drainage of any premises. ‘Dwelling’ means a building or any part or portion of a building used or constructed, adapted or designed to be used for human habitation as a separate tenancy or by one family only, whether detached, semi-detached or separated by walls or by floors from adjoining buildings, together with such out buildings as are reasonably required to be used and enjoyed therewith, and shall any residential flat or apartment; ‘External wall’ means an outer wall or vertical enclosure of a building not being a party wall, whether or not adjoining a wall of a another building; ‘Foundation’ applied to the building means the artificially formed portion of the structure which lies on the foundation bed and upon which the base or footing of any wall, pier, buttress, abutment, column or a vertical component of a building rests and through which the weight of building and its loads are distributed over the foundation bed; ‘Foundation bed’ means the natural geological formation or solid ground at or over the bottom of the foundation trenches and on which the foundation is laid; ‘Medical officer of Health’ means the medical of health of the Municipal Council of Mavoko and includes any person duly authorized by him or the Council to act on his behalf; ‘Occupier’ means any person in actual occupation of land or premises without regard to the title under which he occupies and in the case of premises subdivided and let to lodgers or various tenants the person receiving the rent payable by the lodgers or tenants whether on his own account or as an agent for any person entitled there to or interested therein; ‘Owner’ in the case of a free hold property means the persons owning such property and in the case of any property held under a lease for a period of not less the years or for the natural life if any person or which is renewable from time to time at will of the lessee indefinitely, or for periods which together with the first period therefore amount in the aggregate to not less than ten years, means the person holding such property under such lease and includes any agent who receives rent or profit for any such persons, and any superintendent, overseer or manager of any such lease in respect of the holding on which he resides as such superintendent, overseer or manager; ‘Water Service Works’ means the construction, installation, laying, connection, fixing and alteration of water pipes, fittings or installations or appliances used or to be used in connection with any building of which to the whole of part is used or intended to be used for human habitation. Erection of any building; a. The erection of any addition to an existing building; b. The re-erection or alterations of any part of an existing building; c. The re-erection of any building or part of a building when an external wall of that building or part of a building has been destroyed or pulled down or burned down or damaged either wholly or partially; d. The roofing over of any space between walls or buildings; e. The changing of the purpose or purposes for which a building or part of a building or appurtenances of a building are used; f. The using for human habitation of any building which has not been previously used for that purpose; g. The increasing or the reducing of the number of dwellings or separate tenancies or occupancies in a building; h. The using of any building in a manner different from that shown on the plan thereof approved by Council whether before or after the date on which this by-laws becomes operatives and whether or not it is proposed to execute any alterations or work in connection with the proposed change; i. The carrying out of any water service or drainage work. Exemptions (3). A building which is not a public building or a dwelling and is not constructed to be used either wholly or partially for human habitation or as a place of habitual employment of any person in manufacturing, trade or business but which is constructed for use exclusively in connection with any farm, ranch, tea, coffee or sisal or horticultural estates, shall be exempt from the operations of this by-laws if it:- i. is situated not less than ten(10) metres from any public road or road of access and not less than two(2) metres from any building other than a building exempted under this by-laws and from the nearest boundary if any adjoining land and premises, and ii. is constructed on land not being within any residential, business, commercial or industrial area, or zone so determined by the Council. Grant of (4). Not withstanding anything contained in this By-laws the Council permission may by agreement grant permission for the erection of building where the materials used or the standard of construction and general appearances of the buildings are not regarded by the Council as consistent with good, sightly and satisfactory development, or which are of temporary nature or for an occupancy of short duration. Any permission granted under these By-laws shall be upon such terms and conditions as the Council may prescribe. Any person who fails to comply with the terms, conditions and obligations contained in the agreement shall be guilty of an offence against these by-laws. Applications in (5) (1) Every person who proposes to erect a building on any land prescribed form within the Municipality shall lodge with the Clerk of the Municipal Council of Mavoko any application for approval by the Council of his proposals and the plans relative there to. Such applications shall be made in the form prescribed in the Fourth Schedule of the Physical Planning Act (CAP 286) and shall contain written particulars relating to the following:- a) The purpose or purposes for which the building or erection will be used; b) The number of dwellings or separate tenancies or occupancies to be provided in the building; c) The material of which the building will be constructed; d) The mode of drainage and means of disposal of waste water, soil water, roof water and other liquid; e) The water supply; f) In the case of public building the number of persons to be accommodated in each part thereof, the means and capacity thereof for ventilations and the provisions made for the safety of the public; g) In the case of any building other than public building, the maximum number of persons to be employed and otherwise be accommodated in each part thereof. (2) He/she shall also lodge with the Clerk to the Municipal Council, in triplicates or in the case of factories in quadruplicates, or upon the request of Municipal Planner in such further number as may be required(one set at least of which must be of permanent blue prints made from a tracing in permanent ink), the following plans, sections, elevations and drawings delineated in a clear and intelligible manner and signed by the applicant or his duly authorized agent- i. a plan of every floor or story ii. a drawing of each elevation; iii. sufficient sections of the building or buildings from the foundations to the uppermost part of the structure to illustrate the construction thereof; iv. such detailed drawings as may be necessary or required; v. a block plan of building and site; vi. a key plan showing the building and the site when it is not sufficiently identifiable from the block plan or as not properly shown thereon; vii. In the case of alterations and additions, sufficient drawings to show clearly the existing structure and arrangements and the proposed alterations and additions. (3) The plans, elevations and sections shall be to a scale of not less than one is to one hundred (1:100) or f the building is so extensive as to render a small scale necessary not less than one to two hundred (1:200), but in the latter case ample detailed drawings shall be provided to show clearly methods of construction. The block plan shall not be to a scale of not less than one is to one thousand (1:1000) except where the area of the plot is in excess of two hectares in which case the block plan may be one is to two thousand five hundred (1:2500), but in the latter case sufficient detailed shall be provided on other drawings to show clearly the sitting and layout of buildings and drainage thereof. (4) There shall be shown- (a) Upon the plans, elevations and sections- (i) The levels of the site of the buildings; the levels of the lowest floor of the building, the level and slope of any street adjoining the cartridge of the building in relation to one another and above some known datum, provided that the relation ship between the level of the lowest floor and the level and slope of the street need not be known if the building is more than six metres away from the boundary of the street; (ii) The position, form and dimensions of the foundations, walls, floors, roofs, chimneys and several parts of the buildings; (iii) The position, form and dimensions of every water- closets, urinal, pail closet, water tank, cistern to be constructed or installed in connection with the building; (iv) Details of the proposed drainage work including the position, form and arrangement of the several part of the building to which such drainage work refers, the size, gradient materials and position of every drain; the size position and construction of every manhole, inspection chamber, septic tank, cess pool, storage tank, sewage filter installation or other work for the treatment, storage, reception or disposal of sewage or drainage; the size materials of every galley, soil type, waste pipe, ventilating pipe and rain water pipe; the position of every soil fitting and waste water fitting and the position of every soil fitting and waste water fitting and the position of all windows and other openings into the building situated within a distance of six metres from the open end of every soil pipe, waste pipe and ventilation pipe. (iv) The purpose or purposes of which each portion of the building will be used and the extent of each portion which will be separately occupied or tenanted; (b) Upon the block plan- (i) The size and position of the building and its appurtenances and the size and position of any existing buildings on the plot or sub-plot and the nature of their construction and use; (ii) The position of any buildings on any adjoining plots or sub-plot which are within fifteen metres from the plot or sub-plot on which the proposed building is to erected, and the nature of their construction and use, and the building line or lines of the adjacent buildings; (iii) The name, position and width of every street adjoining the curtilage of the building; (iv) Any established, proposed or prescribed building line; (v) The size and position of every yard and open space belonging to the building; (vi) The position of every water-closets, urinal, pail, closet, latrine, well and water tank or cistern and every out-building in connection with the building; (vii) The lines of drainage of the building, the size, the depth and inclination of every drain and the means to be provided for ventilation of the drain, and the position of every manhole, inspection chamber, gulley, junction, bend, intercepting trap and connection with a sewer combined drain, septic tank or other receptacle for drainage; (viii) The position and level of the outfall of the drain and the sewer, if any, to which the drain will be connected; (ix) The means of disposal of sewage, waste water, rain water and the liquid discharged from the building and the position of such means; (c) Upon the detail drawings, such parts of the structure as can not be adequately illustrated on the plans and drawings made to the scales herein specified. Additional plans (5) There shall be supplied such additional plans, drawings, figured dimensions, particulars and structural calculations as the Municipal Planner may require, and in the case of structural work of steel, reinforced concrete or timber, there shall be provided certificate from the designer(who shall be a practicing, chartered, civil or structural engineer or other person possessing similar qualifications acceptable to Council) that the design conforms in all respects with relevant recommendation of British Standard Codes of practice 113,114, 112 or any other relevant British Standard codes. Retention of (6) One set of the plans and drawing submitted for approval will be retained plans by the Council; in the case of lease hold land, one set will be retained by the Commission of Lands; in the case of factories, one set may be retained by the Chief Inspector of Factories. Development (7) (a) No person shall carry out development within the jurisdiction of the Municipal council of Mavoko without development permission from the Council. (b) Any person who contravenes 7(a) shall be guilty of any offence and shall be liable to a fine not exceeding Kenya Shillings one hundred thousand or to an imprisonment not exceeding five years or to both such fine and imprisonment. Payment of (8) Every person who lodges any application with the Council under the fees provision of these By-laws shall at the time of such lodging pay to the Council fees in accordance with the Council approved fees and charges. Compliance (9) Every plan for the erection of a building and every person who erects a with requirements building shall comply in all respect with the Council requirements for the purpose of this By-law the requirements of the Council shall be deemed to be satisfied if, in regard to the following-  Sitting, design and amenities;  Coverage;  Space about buildings, lighting and ventilation;  Boundary walls, hedges etc;  Materials  Building sites;  Requirements as to loadings, foundations, resistant to fire, damp and weather, roofs, floors, chimneys, flues, hearths, reinforced concrete and steel structures, stairs and lifts;  Drainage, sewerage, septic tanks, conservancy etc;  Fire precautions, escapes, refuse disposals;  Water supply;  Advertisements and signs; The plans and building are in conformity with the Municipal Council of Mavoko (Building) By-laws in force from time to time, the British Standard Specification published by the British Standard institution, for any material or the British Standard code of practice published by the British Standard institution, for any building preparation. Approval (10) If the Council approves the plans for the erection of a building, it shall signify notice of its approval thereon as soon as practicable after the resit thereof but of notice of approval being not signified, the plan shall be deemed not to have been approved. Dissaproval (11) If the Council disapproves the plans for the erection of a building, it shall notify the applicant within thirty days the reason for disapproval and it shall signify to the person lodging the plans detail of the manner in which the said plans are failed to comply with the provision of these By-laws. Minor (12) Notwithstanding anything contained in these By-laws the Municipal alterations and Planner may grant permission to any person to proceed with any minor additions alteration or addition to a building or to the erection of any boundary wall or screen wall or fence or of a hoarding which complies, generally with the intent and purpose of these By-laws but which may be regarded as of minor important and such permission shall be deemed to be the approval of the Council of the applicant’s proposals and drawings. In the event of any such permissions not being acted upon within six months form the date of such permission, it shall lapse. Nullification (13) The approval by the Council of any plans for the erection of a building of approval shall be null and void if (a) The erection has not been commenced within twelve months after the date of such approval, or (b) Erection has been commenced as aforesaid but the building has not been completed within a period of two years from the said date of approval unless Council approves an extension of such period Notification (14) Any person who- (a) Commences to erect a building without plans thereon having been approved by the Council, for in respect of which the approval of plans has become null and void, or (b) Having obtained the Council’s approval of the plans for the erection of a building, erect such building otherwise than in accordance with the approved plans, shall be guilty of an offence against these By-laws. In such case, whether or not proceedings have been instituted against the person offending, the Council may serve upon the owner of building a notice under the hand of the Clerk requiring him within the period of the time specified in such notice to do any of the following things- i. To cease the erection of such buildings; ii. To erect such buildings strictly in accordance with the approved plans; iii. To execute such works or alterations or additions to such buildings as may be prescribed in such notice in order to render such buildings safe and sanitary or otherwise conform to the requirements of these By-laws; iv. To remove or demolish such building. If the owner shall fail to comply with all or any of the requirements of such notice, then the Council, after not less than fourteen days notice, in writing under the hand of the Clerk served upon the owner, may by Municipal Planner enter the premises and execute such work or make such alterations or additions to such building or removed or demolish the building without liability for any loss or damage which may be occasioned thereby and may recover the cost thereof from the owner as a civic debts. Access to the (15) (1) Any person who proceeds to erect any building the plans of which have building by been approved by the Council shall, so often as occasion shall demand- planner (a) give the Municipal Planner not less than four days’ notice in writing, of the time and date when- i. the erection of the building will be commenced; ii. the concrete or other materials laid over the site, or the foundation bed, or the foundation, or the footings or the damp-proof course will be completed and ready for inspection; iii. the reinforcement of a reinforced concrete structure will be placed in a position ready for inspection; iv. the roof construction will be commenced; and v. any drainage work will be commenced; (b) at all reasonable times afford the Municipal Planner, Medical Officer of Health, Building Inspector, Health Inspector and other persons deriving authority from the Council free access to the building or work for the purpose of inspection; (c) permit the Municipal Planner to take such samples of the materials to be used in the construction of any building or execution of work, as may be necessary to enable him to ascertain whether such materials comply with these By-laws or with the approved plans; (d) not erect any building or execute work otherwise than in conformity with the plans approved by Council and in compliance with these By-laws; (e) if he has received a notice from the Townclerk pointing out the respect in which the work or building does not conform to the plans as approved by the Council or contravenes these By-laws, he shall alter or amend the work or building to conform to the said plans and to comply with these By-laws within the time stated in such notice, and shall advise the Municipal Planner, in writing, of the completion of the alteration or amendment; (f) provide sanitary conveniences for the workmen employed on the works to satisfaction of the medical officer of health; (g) erect such hoarding as shall be necessary for the protection of the public; (h) if any concrete or other material laid over the site, or any foundation bed, or foundation, or footing or damp-proof course is covered up before the same has been inspected and approved by the Municipal Planner, comply with a notice, in writing, from the Municipal Planner requiring him within the time specified in the notice to cut into, lay open or pull down so much of the building as prevents the Municipal Planner from ascertaining whether any of these By-laws have been contravened or whether the approved plans have been complied with; (i) not permit the damage or obstruction of any drain or drainage channel within any road reserve during building operations; not dump or permit to be dumped any building materials or rubbish or erect any hoarding within any road reserve without the written consent of the Municipal Planner nor otherwise than in compliance with any conditions he may stipulate; (j) on completion of the building or work- i) remove from the site or from any site or from any adjacent land which he may have occupied all surplus building and excavated materials and all rubbish and leave such site or land clean and tidy; and ii) restore and leave in good condition all pipes, drains, roadways, kerbs, water channel, roadside drains, footways, pavements or other things which may have been damaged or through his operations and transport; (k) Notify the Municipal Planner, in writing, when the erection of the building or execution of the work has been completed, such notice to be given as soon as practicable after completion thereof. (2) Any person who fails to comply with the provisions of these By- laws shall be guilty of an offence. Survey Beacons (16) (1) the owner of any plot or sub-plot who submitted any application to erect any building thereon shall, if required by the Municipal Planner, point out the survey beacons making the corners of such plot or sub-plot either before the application is approved or after the application is approved and before building operations are commenced. (2) Any person who fails to comply with the provisions of this by-law shall be guilty of an offence. Inspection (17) (1) No foundation bed, foundations, footings, damp-proof course, reinforcement in reinforced concrete, roof construction or drain shall be covered up unless and until the said works have been inspected and approved by the Municipal Planner provided that such inspection shall be made within three days of the receipt by the Municipal Planner of a notice, in writing from the owner of the building or the builder that such works are ready for inspection. (2) Any person who contravenes the provisions of this By-law shall be guilty of an offence. Qualification (18) The approval of any plans, drawings, sections, particulars or of approval calculations of any building or structure or work or the inspection thereof shall not in any way impose or imply acceptance of any responsibility on the part of Council for the stability of any such building, structure or work. Certificate of (19) (1) Every owner who shall intend to occupy a new building or permit the same to be occupied shall furnish to the Council a certificate, signed by him or his authorized agent, to the effect that the building has been completed in every respect in accordance with the approved plans and particulars thereof, and shall apply for a permit of occupation. On receipt of such certificate the Municipal Planner and medical Officer of Health, if satisfied that the building is in conformity with such approved plans and particulars and that it is fit for occupation, shall issue a written permit of occupation. (2) No person shall occupy any new building or being the owner thereof allow such building to be occupied unless and until he has obtained a written permit of occupation as required by this By-law. (3) Any person who fails to comply with the provision of this By-law shall be guilty of an offence. User other than (20) (1) where any building has been erected no person shall, except with the that specified permission of the Council given under the hand of the Townclerk and upon such terms as the Council may prescribe, use or being the owner thereof allow to be used such building otherwise than for the purposes specified or indicated in the approved plan in respect thereof and for which purposes the building was constructed. (2) “Purpose” or “purposes” in this by-law shall mean the particular purpose for which a building or part thereof has been erected or to which it has lawfully been altered and not solely its general purpose as a domestic building, public building or other type of building. In a domestic building only, that portion thereof which has been erected has a dwelling may be used as such. In a dwelling any habitable room therein which complies with these by-laws may be used as such not withstanding its designation on the approved plans but no apartment such as a larder, store, pantry, closet, scullery etc, not designated or designed as a habitable room shall be used as a habitable room. No apartment provided in connection with a domestic building for the express purpose of housing domestic servants shall be used by other than domestic servants of the occupier or occupiers of the building. (3) Any person who contravenes the provisions of this by-law shall be guilty of an offence. Offence and (21) Every person who is guilty of an offence against these By-laws, unless punishment otherwise stated shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and if the offence is of a continuing nature to a further fine not exceeding two hundred shillings for every day or part of a day during which such offence shall continue. Failure to (22) Every person who shall fail to comply with all or any of the comply requirements of any notice served under these by-laws within the time specified in such notice shall be guilty of an offence against these by- laws and shall be liable on conviction to a fine not exceeding two hundred shillings every day or part of a day in which he shall be in default. Facilities for (23) All public and industrial/warehouses for public use shall be disabled in designed and constructed as to allow maximum access and new buildings facilities for the physically disabled persons. i.e access, lifts, toilets Facilities for (24) All existing public and industrial/warehouses for public use shall be disabled Modified to accommodate maximum access and facilities for physically in existing disabled persons. buildings i.e. access, Lifts, Toilets. Safety/Performance compliance facilities (25). i) The Council shall issue “safety/performance certificate (SPCC)” to all buildings periodically every five (5) years. The SPCC shall cover all aspects of maintenance mentioned in the paragraph below. ii) Planned maintenance- maintenance carried out as a result of fore thought, control and the issue of records to a predetermined plan. iii) Preventive maintenance:- the maintenance carried out at predetermined intervals or corresponding to prescribed criteria and intended to reduce the probability of failure or the performance degradation of an item. An all-inclusive audit conducted to ascertain all aspects of building constructed and installation. iv) Condition based maintenance:- the preventive maintenances initiated as a result of knowledge of the condition of the building from routine or continuous monitoring i.e. through periodic condition surveys. Classification of (26) safety/Performance (1) safety/performance compliance certificates shall be compliance certificate classified into the following categories for the different types of buildings:- -Category 1, -Category 2, -Category 3, Where category 1: Domestic/Public/Industrial buildings which are sound and which do not require any immediate maintenance activities/remedial action. Where category 2: Domestic/Public/Industrial buildings which are sound and but with minor defects requiring remedial action. Where category 3: Domestic/Public/Industrial buildings which have deteriorated to a level where no remedial action can restore it to original deigned function and is therefore condemned and must be demolished. (1) The buildings to which by-laws (3) and (4) of these by-laws apply are Domestic building, Industrial/factory/warehouse buildings and Public buildings with the exception of buildings of historical value as defined in the relevant Act. Conservation (27) i. For the purposes of conservation and heritage the municipal and Heritage council shall need to regularly identify and list buildings of historic and heritage value ii. The above buildings are to be protected and conserved by the owners. They should not be demolished or altered without authority of the Municipal Council of Mavoko who will work in consultation with antiquities bodies or National Museums of Kenya. iii. Incentives in the form of reduction on land taxes to be provided for by the Government and Municipal Council of Mavoko. iv.The buildings and their neighbourhoods to be identified and preserved as conservation sites/areas. Strategic (28) The Council will put in place zoning maps which will guide development development of the town. These to be reviewed regularly within plan there view period of development strategies. Spot zoning- anything missed out for through spot zoning. It is important that a building code would need to be adopted by a Council to be put in operation. Environmental (29) If in connection with a development application of the impact opinion for industrial location, dumping site, sewerage treatment, assessment quarries or any other development activities will have injurious impact on the environment, the applicant shall be required to submit together with the application an environmental Impact assessment report. Sub-divisions (30) (i) No private land within the area of jurisdiction of the Municipal Council of avoko may be sub-divided except in accordance with the requirements of the Council’s Physical Development Plans approved in relation to that area under this Bylaws and upon application made in the form prescribed in the forth schedule to the Council. (i) The sub-division and land use plans in relation to any private land shall be prepared by a registered physical planner and such plans be subjected to the approval by the Council. (ii) Where in the opinion of the Council an application in respect of development, change of user or subdivision has important impact on contiguous land or does not conform to any conditions registered against the title deed of property, the Council shall, at the expense of the applicant, publish the notice of the application in the Gazette or in such other manner as it is deemed expedient, and shall serve copies of the application on every owner or occupier of the property adjacent to the land to which the application relates and to such other persons as the Council deems fit; (iii) If the Council receives any objection to, or representation in connection with, an application made under subsection (i) the Council shall notify the applicant of such objection or representations and shall before the application is determined by it afford the applicant an opportunity to make representation in response to such objections or representations. (iv) The Council may approve with or without such modifications and subject to such conditions as it may deem fit, or refuse to approve, an application made under subsection(i). Provided that if such person is aggrieved by a decision of Liaison committee he may appeal against such decision to the National Liaison Committee in writing stating the grounds of his appeal: provided further that the appeal against the decision of the national liaison committee may be made to the high court in accordance with the rules of procedure for the time being to the High Court. Advertisement 31. (a) No person shall attach, hang, display, erect or permit the erection of any outdoor advertisement sign, post, bill board or object conveying any advertisement without the approval of the council . (b) The council may on application being made to it for such an advertisement prescribe the material to be used in any outdoor advertisement as well as the frame and size of such advertisement. (c) For each advertisement there shall be payable such fee as may be prescribed in the gazetted fees and charges. Penalties 32. Any person who is guilty of an offence under these by-laws shall be liable to a fine not exceeding two thousand shillings or six months imprisonment or both for first offenders and a fine not exceeding three thousand shillings or nine months imprisonment or both for second or subsequent offenders. Made this ………………………….. day of …………………………………… 2009 By order of Municipal Council of Mavoko. WISDOM K MWAMBURI TOWN CLERK Approved this ………………………day of …………………………….. 2009 HON. MUSALIA MUDAVADI DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT

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