Guangzhou Comprehensive Urban Management Enforcement Rules

Original Language Title: 广州市城市管理综合执法细则

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367274.shtml

Guangzhou comprehensive urban management enforcement rules (August 9, 2011 at the people's Government of Guangzhou City, the 13th 144 Executive meeting on September 9, 2011, people's Government of Guangzhou to 58th, published since October 9, 2011) article for the scope of comprehensive urban management enforcement, regulation of administrative enforcement actions, promoting administration according to law, maintain the legal rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment and the Guangzhou comprehensive urban management Enforcement Ordinance and other laws, regulations,

    This municipality actually, these rules are formulated.

    Second, comprehensive urban management enforcement within the municipal area, the detailed rules for the application of this work.

Third comprehensive urban management enforcement agencies based on the management of city appearance and environmental sanitation laws and regulations, the provisions of regulation, illegal exercise of administrative punishment right of the following:

(A) violations of construction waste and construction of granular material transport management;

(B) violation of garbage clearing, delivery, collection, transportation, disposal management;

(C) violation of outdoor advertising and signs facilities management;

(D) posted in public places or public facilities without approval, setting banners, advertisements, or hanging, dried and stacked city violated city appearance management regulations;

(E) violation of water management of city appearance and environmental sanitation;

    (Vi) other acts in violation of city appearance and environmental sanitation administration.

Article fourth comprehensive urban management enforcement agencies based on urban and rural planning and management laws and regulations, the provisions of regulation, illegal exercise of the right of the following:

(A) the lack of construction project planning permit or not in accordance with the provisions of the planning permit of construction engineering construction;

(B) is not the rural construction planning permits or were not in accordance with the planning permit for construction of rural construction;

(C) without the approval of temporary construction or not in accordance with the approved construction of temporary content;

(D) temporary buildings or structures exceeding the permitted period are not removed.

    On illegal occupied agricultural to, and not using to or unauthorized will agricultural to, and not using to to construction with to for construction of violations, by land administrative competent sector with city management integrated law enforcement organ in accordance with their duties common investigation; need forced demolition illegal built (frame) built real of, by territorial Government Organization land administrative competent sector, and city management integrated law enforcement organ, sector according to statutory program be forced demolition.

Article fifth comprehensive urban management enforcement agencies according to the environmental protection laws, regulations, provisions of the regulations, exercise of administrative punishment right over the following offences:

(A) at the Street gate, roads, public venues, such as the use of generators and noise emissions do not meet the criteria of environmental noise of urban area;

(B) apart from repair and emergency works, beyond the allotted time, the administrative noise control of streets and towns in urban areas within the building, decoration, municipal engineering, demolition and construction site, using a variety of ambient noise pollution caused by construction machinery;

(C) because of construction joints in concrete should not be left job and in order to ensure quality, technology needs to pile punched, bored piles forming operations or public works, without a construction Administrative Department a certificate, unauthorized construction, extension of working time for night;

(D) site surrounding enclosed facilities that are not complying with specifications, resulting in environmental pollution of the atmosphere;

(E) more than three buildings under construction are not set body surrounding disability resulting in environmental pollution of the atmosphere;

(Vi) implementation of any construction site hard causing environmental pollution of the atmosphere;

(VII) every undecided on construction sites during the construction period watering, remove residual clay residue causing environmental pollution of the atmosphere;

(VIII) not at the construction site set sand, lime, cement and other building materials and special pile site of atmospheric environment pollution;

(I) municipal roads, piping construction or failing to clean up after the completion of residual clay residue, resulting in environmental pollution of the atmosphere;

(X) driven transport vehicles that are not washed off and sludge disposal site or construction site, resulting in environmental pollution of the atmosphere;

(11) the spray dust measures taken by demolishing buildings and sets the vertical scale keep out dust protection facilities, resulting in environmental pollution of the atmosphere;

    (12) in the city burning asphalt, linoleum, rubber, leather, and garbage, rag, poisonous gases, dust, odorous substances.

Article sixth comprehensive urban management enforcement agencies according to the municipal administration laws and regulations, the provisions of regulation, illegal exercise of administrative punishment right of the following:

(A) pollution, damage, unauthorized occupation and excavation of urban roads and public venues, such as the square of the city, but pollution, damage, unauthorized occupation and excavation roadways of urban roads by traffic administration departments exercised the power of administrative penalty;

(Ii) violates the provisions cover facilities management, it refuses;

    (C) violate the provisions of urban street lighting management.

    Article seventh comprehensive urban management enforcement agencies according to the industrial and commercial administrative law the provisions of statutes, regulations, and to occupy the city roads, squares and other public places illegal exercise of the power of administrative penalty.

Eighth management of comprehensive urban management enforcement agencies according to the gas laws, provisions of the statutes, regulations, exercise of administrative punishment right over the following offences:

(A) violation of gas management;

(B) violation of the production, installation and maintenance of gas appliances;

(C) violate the administration of gas use;

    (D) other acts of violation of the gas control.

Nineth comprehensive urban management enforcement agencies according to the water management laws and regulations, the provisions of regulation, illegal exercise of administrative punishment right of the following:

(A) to the drainage facilities dumping waste, waste, construction of mud water, sewage sludge and other wastes;

(B) in the public water supply pipelines and their auxiliary facilities built within the scope of protection structures or piling up heavy things endanger the security of water supply facilities;

    (C) prevent the safe use of fire hydrants or illegally opened fire hydrant water.

Tenth comprehensive urban management enforcement agencies according to construction project management laws and regulations, the provisions of regulation, illegal exercise of administrative punishment right of the following:

(A) has not obtained the construction permit of construction;

(B) does not require the use of bulk cement and ready-mixed concrete ready-mixed mortar;

    (C) buildings and structures used in the prohibition of the use of the wall material.

11th comprehensive urban management enforcement agencies based on the project management of civil air defense law, provisions of the statutes, regulations, exercise of administrative punishment right over the following offences:

(A) new buildings of cities, in violation of State regulations do not repair basement that can be used for air defense in time of war;

(B) the encroachment of civil air defence works;

(C) is not provided for by the State standard of protection and quality standards for the construction of civil air defense works;

(Iv) in violation of the relevant provisions change, removal of main structure of civil air defense works for civil air defense engineering facilities or otherwise endanger the safety and efficiency of civil air defense works;

(E) refusing to fill after the demolition of civil air defense works built;

(F) the blocking installation of civil air defense communications and warning facilities, refuses;

(VII) to the people's air defense works of discharging waste water, waste gas or waste dumping;

(H) safety within the scope of protection of civil air defense works for blasting, quarrying, removal of Earth, timber, piling, burrow;

(IX) occupation, jams and destruction of civil air defense works and its entrances, connect channel;

(J) to evacuate residents in time of war people's air defense works in the production or storage of explosive, toxic, flammable, corrosive and radioactive and other harmful substances;

(11) the destruction of protective doors, closed doors and other equipment and power supply, water supply, ventilation, drainage and other civil air defense facilities, so that it is not working properly;

    (12) other facilities and endangering the people's air defense construction safety or reduce protection and performance behaviour.

12th comprehensive urban management enforcement agencies pursuant to the Guangzhou baiyunshan scenic spot Protection Ordinance provides that occurs in the Baiyun mountain scenic area within the scope of protection of the following illegal exercise of administrative punishment right

(A) the illegal construction at the Baiyun mountain scenic area;

(B) in the perimeter within the protection zone, construction or disrupt the landscape scenery, environmental pollution, traffic congestion, environmental destruction and endangering fire safety of construction projects;

(C) in the Baiyun mountain scenic area, due to construction on the surrounding environment and the forest, vegetation, water, destruction of rocks, as well as in the 10th after completion, construction site were not cleaned up and restored or original function;

(D) at the baiyunshan scenic spot protection within felling trees without authorization;

(E) in the Baiyun mountain scenic area within the scope of protection, unauthorized dig mountain quarry, sand, soil and land reclamation;

(Vi) in the Baiyun mountain scenic area water reclamation;

    (G) operated in the Baiyun mountain scenic area.

13th comprehensive urban management enforcement agencies pursuant the provisions of the Guangzhou City dog regulations, exercise of administrative punishment right over the following offences:

(A) on dog droppings was not immediately clear;

(B) free carcasses of abandoned dogs;

(C) the occupation of roads, bridges, footbridges, subways and other public places raising and marketing of dogs;

    (D) set the graves buried dog carcasses.

    Article 14th municipal people's Government according to the needs of the city administration, in accordance with the provisions of law and rules and regulations, increase of comprehensive urban management enforcement organs to exercise power of administrative punishment, expanding the content of comprehensive urban management enforcement.

    Comprehensive urban management enforcement authority the exercise of other laws, regulations, rules exercise of comprehensive urban management enforcement authority under other administrative punishment.

    15th comprehensive urban management enforcement organs should be announced to the public in the exercise of administrative punishment right matters and of the applicable legal basis.

16th comprehensive urban management enforcement authority should be in accordance with the law, regulations, conditions, procedures, exercising administrative penalty power corresponds with the administrative inspection and administrative enforcement power.

    Need to enter the building to investigate violations, any lack of cooperation by the parties, comprehensive urban management should draw attention to the public security organs to assist the law enforcement agencies, the public security organs shall cooperate.

Article 17th after correction, the following offences are committed, belonging to new violations occurred in different time periods:

(A) the operating set up stalls, selling items occupy public places;

(B) out of doors and Windows and exterior walls set up stalls and operation;
(C) outside the specified hours.

Comprehensive urban management enforcement agencies in the investigation of the provisions of the preceding paragraph (a), (b) violation, registration and preservation tools and items to inventory or seizure, evidence can be directly sealed into boxes (bags) evidence collection containers, such as saving or seizure.

Article 18th service of comprehensive urban management enforcement agencies law enforcement instruments should be sent directly to and may be served by post, delivered by Lien, commissioned delivery and post delivery in other ways, such as Add.

At the time of investigation, the Parties shall, in accordance with comprehensive urban management enforcement instruments of law enforcement agencies on request confirmation of delivery address and fill in the delivery address.

    Parties to fill out the address for service, such as inaccurate information, change of address for service less than informed, addressee or its designated receiver refused to sign, leading to late or fail to receive law enforcement instruments by the parties and deemed to be effected.

19th law enforcement organs should establish a comprehensive urban management enforcement log files record daily time and place, law enforcement personnel, finding and dealing with illegal content, as a daily inspection system to check the main basis.

    Relevant competent administrative departments shall establish supervision and inspection of administrative license and registration system for processing result, found belong to the scope of comprehensive urban management enforcement of violations should stop and inform a comprehensive urban management enforcement in 3 business days.

20th integrated law enforcement organs should establish a comprehensive urban management enforcement portals; comprehensive urban management enforcement body and its agencies, in its obvious location dedicated Bulletin Board outside the Office.

    Comprehensive portal and bulletin boards is a comprehensive urban management enforcement authorities release information and notice served on law enforcement instrument carrier.

21st comprehensive urban management enforcement agencies should strengthen professional training, pre-job training and rotation system established.

    People's Governments at various levels shall provide guarantee for comprehensive urban management training for law enforcement agencies.

22nd Street, the town shall be responsible for street (town) of comprehensive urban management enforcement team daily management, command, control and measurement, and the corresponding administrative responsibilities.

Subdistrict offices, Township people's Governments shall, in accordance with comprehensive urban management enforcement organs grass-roots law enforcement hardware standards, implementation of the street (town) the standardization construction of comprehensive urban management enforcement team.

    Subdistrict offices, land, Township people's Governments should coordinate police station, planning, trade, justice and other basic units, with the street (town) of comprehensive urban management enforcement teams for comprehensive urban management enforcement. Article 23rd superior comprehensive urban management enforcement authorities subordinate comprehensive urban management enforcement agencies or agencies of any improper or illegal specific administrative act, shall be ordered to correct or withdraw; finds that it does not perform law enforcement duties, shall be ordered to correct or direct examination and punishment, and can notify the district people's Government, street or town Governments urge them to carry out their duties.

Lower-level comprehensive urban management enforcement authorities or agencies ordered to perform law enforcement duties and refused to correct, comprehensive urban management enforcement organs at higher levels can also be directly investigated.

    Comprehensive urban management enforcement authority does not discharge the responsibilities of the preceding paragraph, according to the regulations of the comprehensive urban management enforcement in Guangzhou, the Guangzhou administrative law enforcement accountability approaches, and other related provisions to hold those responsible accountable.

24th district people's Government did not urge comprehensive urban management enforcement authority to law enforcement duties or urge the poor, resulting in heavy losses or adverse effects, comprehensive urban management enforcement authorities may draw attention to municipal people's Government, hold district people's government supervisory organs in accordance with the relevant provisions or the responsibility of those responsible.

    Street, town Government urging Street (town) of comprehensive urban management enforcement teams to law enforcement duties or supervise poorly, resulting in heavy losses or adverse effects, comprehensive urban management enforcement authorities may ask the district people's Government or areas supervisory organs in accordance with the relevant provisions to hold Street and town Governments the responsibility of those responsible.

    25th police station, land, planning, Commerce, justice and other grass-roots unit does not perform assisted Street (town) of comprehensive urban management enforcement responsibilities, comprehensive urban management enforcement office or sub-district offices, Township people's Governments may request appointment or a supervisory organ to hold those responsible accountable.

    26th article of the county-level implementation of comprehensive urban management enforcement by reference to these rules. 27th article of the rules come into effect October 9, 2011. As of August 1, 1999 the Guangzhou comprehensive urban management enforcement rules repealed simultaneously.