Ask Auntie, CNS Local Life, Caymanian statusI had thought that Cayman government passed a law some years ago that empowered it to charge $25,000 a day to owners of derelict properties. Why then is Dart not charged for the eyesore formerly called the Hyatt hotel, which as many know, is the remains of an amazing property destroyed by Hurricane Ivan.


Auntie’s answer: I took your question to the Department of Planning and an official there addressed your concern. You are correct that the Development and Planning Law (2017 Revision) allows for the Central Planning Authority (CPA) to serve notice under Part IIIA (Land Adversely Affecting Amenity of Neighbourhood) Section 29A.

Basically the section says that if the area is “adversely affected or seriously injured” by the “ruinous, dilapidated or other condition” of a building, the CPA can serve notice to the owner or the person responsible to require they take steps to remedy the situation.

Additionally, if the building is in a hotel/tourism or commercial zone the fine for non-compliance is $25,000 per day from the date the notice takes effect.

Specifically, in the case of the Hyatt, the planning official said, “In 2012, the Authority issued such a notice to the owner of the property containing the former Hyatt hotel due to the ruinous and dilapidated condition of the buildings.” After the notice was issued, “the owner took steps to better secure the property, demolished at least two buildings and generally improved the state of the remaining buildings and property”.

Following on from that, the planning official said, “At that time, the Authority was satisfied with the steps taken by the owner and the Maintenance of Land notice case file was closed.”

However, he added that regarding the provisions of Section 29A, “The Authority continues to monitor the situation.” But if you remain concerned with the state of the property, I suggest you email Planning with your complaints.

The law mentioned in this column can be found on the CNS Library