(1) If, within the period specified in an enforcement order or extension thereof granted in writing by the local planning authority, any steps required by such order to be taken, other than the discontinuance of any use of any land or building or of any operations, have not been taken, the local planning authority may— (a) authorize any employee or agent—
(i) to enter on the land with such vehicles and equipment as may be necessary for the purpose and take such steps as may be reasonably necessary to ensure compliance with such order; and
(ii) to remove from the land any property the removal of which is necessitated by action taken in terms of this subsection and which is not claimed by any person; and
(b) recover by action in a court of competent jurisdiction from the person who was at the time of the entry the owner of the land concerned or from the person responsible for the contravention in respect of which the enforcement order was made, as the local planning authority may consider appropriate, such expenses as have been reasonably incurred by the local planning authority under paragraph (a).
(2) In any action referred to in paragraph (b) of subsection (1), the owner of the land concerned or the person responsible for the contravention in respect of which the enforcement order was made, as the case may be, shall not be entitled to dispute the validity of the action taken by the local planning authority upon any ground that could have been raised on an appeal to the Administrative Court.
(3) Where, by virtue of—
(a) an enforcement order or an order made in terms of section thirty-five—
(i) any use of any land or building or the carrying out of any operations on any land is required to be discontinued; or
(ii) any conditions are required to be complied with in respect of any use of any land or building or the carrying out of any operations on any land; or
(b) a building preservation order, the demolition, alteration or extension of a building is restricted;
if any person, without obtaining the necessary permission in terms of this Part, contravenes such order, he shall be guilty of an offence.
(4) Any person who is guilty of an offence in terms of subsection (3) shall be liable to—
(a) a fine not exceeding five thousand dollars or imprisonment for a period not exceeding two years or both such fine and such imprisonment; and (b) in the case of a continuing offence, an additional fine not exceeding fifty dollars for every day after the first day during which the offence was committed. (5) A local planning authority or any employee or agent authorized in terms of paragraph (a) of subsection (1) to exercise any powers in terms of that paragraph shall not be liable to pay compensation to any person in respect of any damage to or the loss or destruction of property occurring in the exercise of the powers conferred by that paragraph unless it is shown that such damage, loss or destruction was due to the employee or agent concerned having acted negligently or in excess of the powers conferred by that paragraph.
(6) Any property removed in terms of paragraph (a) of subsection (1) shall, unless the property is perishable or it is for any other reason impossible to keep the property, be kept by the local planning authority until it is claimed by the person who may lawfully possess it:
Provided that, if the property is not claimed within the period of thirty days from the date the property was so removed, the local planning authority may sell it or destroy it.
(7) Where property has been sold in terms of the proviso to subsection (6), the owner or any other person who had an interest in or right over the property may claim from the local planning authority the value of the property or interest in or right over the property, as the case may be:
Provided that the local planning authority shall not be liable in terms of this subsection to pay in respect of any property more than the amount realized by its sale less any expenses incurred in connection with the sale.