Said city council spokesman Peter Mitchell: "We can not sit back and ignore the fact that people are living in homes that we have deemed are at risk of rockfall or other geotechnical issues.
"Our city is still at risk of another earthquake and the outcome could be tragic for these residents or people visiting their homes.
"We are aware of 27 properties where people continue to reside, despite the issue of notices prohibiting entry. "While we understand that it is difficult for people who can not be in their homes, we must make safety the number one priority. The notices have been issued for good reason and it is very important that people follow them.," The Notice to Fix is essentially a reiteration of the first section 124 notice. The Notice to Fix will require compliance within 20 working days from the date of service - for notices issued yesterday, that means compliance is required by 18 January 2012.
Should any residents remain in these homes after that date, the city council will consider applying to the District Court for an injunction," said Mr Mitchell.
The court would then decide what action might be taken.
Properties that have been issued section 124 notices prohibiting entry will not have to pay rates while residents are out of their homes.
The city council yesterday amended its Rates Remission Policy to give owners of properties at risk of rockfall, cliff collapse, unsafe access or who have been instructed by the Council to leave their properties under section 124 (1) (b) of the Building Act 100 per cent rates remission.
The earthquake-related rates remission policy adopted by the city council for 2011/12 provides 40 per cent rates remission for residential properties that are unable to be occupied.
The city council considered that because residents are not entitled to occupy properties where section 124 notices have been issued that full remission on rates was appropriate.
There are currently 525 properties affected, however this number could increase as risk assessments continue in the hills.
