Key legal question
Whether the municipal replacement-fee order was void because the Gemeinderat lacked competence
Extracted holding
Yes. The Gemeinderat was not functionally or materially competent to issue the replacement-fee order, so the decision was void from the outset.
Extracted reasoning
For replacement fees, the competent body was the building authority; the Gemeinderat had no general decision-making power in this area. The defect was serious and compatible with legal certainty, so nullity had to be recognized ex officio.