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The City Council submits for prior public consultation the Solar and Land Unbuilt Ordinance (08/02/2019)

The Area of ​​Economic Strategy, Health and Animal Welfare led by councilor Carmen Martín del Amor has opened a period of prior public consultation of the municipal ordinance project for Cleaning Solar and Land without Building to gather the opinion of subjects and organizations more representative that could be affected by the norm, in accordance with the agreement of the Governing Board of November 8, 2018 and once the general lines that the municipal ordinance will address the aforementioned ordinance have been drawn up.

Carmen Martín has indicated that "in this way, citizens can participate to express their opinion on the measures proposed in relation to the cleaning of land and sanctioning system.

In addition, they can make some other proposal;

as well as if there is any measure to adopt, apart from those already proposed. "

The aforementioned consultation is made through the municipal web portal, specifically through the Bulletin Board, for a period of 30 days ending on March 22.

This ordinance will establish, in accordance with current legislation, the obligation of owners of all types of land to proceed to maintain them in conditions of safety, health, universal accessibility and public adornment,

The query covers the following extremes.

- Regarding general issues

a.- To adapt to the needs and current regulations the rights, obligations and responsibilities derived from the ownership of land, land, buildings and buildings.

b.- Establish the obligation of the owner to keep the lots and land free of waste, any type of storage of materials, machinery, scaffolding, container element, as well as to prevent the excessive growth of weeds, bushes and avoid ponding.

c.- Establish the obligation to carry out cleaning operations on a regular basis, as well as their rat extermination and / or disinfection as far as solar is concerned.

d.- Prohibition of throwing any type of waste on the lots or land.

- In sanctioning matters

1st-.

It is considered convenient to order and clarify the behaviors classified as infractions in the Ordinance, integrating new typologies in the matter of cleaning, modifying and eliminating other existing ones.

2º-.

It is necessary to adapt the regulation of the general sanctioning regime to the new administrative laws, systematizing and rearranging it, giving greater legal security to the citizen.

3º-.

Establish new aggravating circumstances that, along with the graduation criteria, will take into account the individualization of financial penalties.

4th -.

Delimit the division of sanctions in three sections of equal length that give rise to the minimum, medium and maximum degrees thereof, thus accepting a requirement of the principle of proportionality present in litigation-administrative jurisprudence, but that has little reflection in the sanctioning regimes of the norms of our legal system.

5º Agree to the imposition of coercive fines and their amount for the breach of the order to clean the lot or land.

The Report of the Prior Consultation Procedure is also published in order to address these issues in a more concrete manner.

Source: Ayuntamiento de Cartagena

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