Administrative Punishment For Violations Of City Planning And Construction In Xuzhou City Approach

Original Language Title: 徐州市违反城市规划建设行为行政处罚办法

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(September 4, 2003, Xuzhou city people's Government, the 17th Executive meeting on September 11, 2003, Xuzhou city people's Government, the 91st release) first to strengthen urban planning and management, guarantee the implementation of urban planning under the People's Republic of China urban planning law and other laws and regulations, combined with the city's actual, these measures are formulated.
    Second city, County (City) and jiawang district urban planning area in the administrative punishment of violations of city planning and construction procedures apply.
    Third article this approach by said of violation city planning construction behavior is refers to: (a) not made construction engineering planning license for construction of; (ii) unauthorized change construction engineering planning license determine of content for construction of; (three) sale, and unauthorized transfer construction engineering planning license for construction of; (four) using failure of construction engineering planning license for construction of; (five) legal, and regulations and regulations provides of other violation city planning for construction of.
    Article fourth of illegal construction behavior of urban planning, can be taken corrective measures, the Department of City Planning Administration (hereinafter "Planning Department") a rectification, and impose a civil fine with project cost more than 3% 15%.
    Fifth article has following case one of of, is serious effect city planning, by planning sector law ordered stop construction, and deadline demolition or confiscated illegal buildings, and structures or other facilities: (a) change land using nature, effect city planning implementation of; (ii) over planning lots allows of building total of; (three) beyond specific area, and lots planning allows of construction height of; (four) occupation existing or city planning determine of public green, and reduced planning plots green rate of; (Five) not by city planning determine of based facilities and public service facilities supporting construction of; (six) violation history culture reserves and heritage reserves within focus protection lots, and construction control area of construction control index of; (seven) effect fire, and flood, facilities of normal run, on city security constitute threat of; (eight) serious effect city landscape or on production, and life caused serious against of; (nine) on various traffic facilities, and municipal engineering pipeline and facilities, and high pressure power corridor, and
    Microwave channel communications of run security constitute threat of; (10) occupation existing or city planning determine construction of city road of; (11) occupation River Lake Water Beach, and Bank and protection lots of; (12) in recently construction control district, and planning determine of ban construction district and special major engineering security reserves within construction of; (13) legal, and regulations, and regulations provides of other serious effect city planning of case. Sixth article related sector and units should collaborative planning sector investigation illegal construction behavior, in received planning sector requirements assist processing illegal construction behavior of communications Hou, should immediately be tie implementation: (a) construction, and property, sector should stop for illegal construction engineering handle related procedures; (ii) city water, and power units should stop on illegal construction engineering site water, and power; (three) illegal construction of units and personal refused to implementation planning sector of shutdown notification continues to construction of, by police organ according to
    People's Republic of China regulations on administrative penalties for public security article 19th of the seventh public security penalty shall be imposed.
    Illegal construction works according to law by construction, land and resources administrative departments such as punishment, by construction, land and resources related to the sector in accordance with their respective laws, regulations and rules are punished. Article seventh treatment, punishment for illegal construction is completed and to be corrected, Planning Department shall timely notify the relevant departments and units.
    Related departments for their construction project shall restore the relevant formalities, urban water supply, power supply unit to restore water and power supply to the construction site. Article eighth does not meet city appearance standards, sanitation standards in buildings, structures, planning authorities should be ordered to dismantle; fails to dismantle, and approved by the people's Governments at the same level, organized by the Planning Department, municipal administration, City law enforcement of public security and other departments torn; other buildings and structures shall be ordered to dismantle without removal, apply to a court for mandatory enforcement according to law by the Planning Department.
    Illegal buildings and structures located in district and town people's Governments shall cooperate with and assist.
    Forced demolition costs borne by the liability.
    Nineth Planning Department confiscated the building, structure or other facility shall be handed over to the State-owned assets management Department, by the State-owned assets management in conjunction with land, planning, real estate and other related departments dealt with according to law.
    Tenth of the related departments to planning departments to assist in the implementation of the communication would not be assisted by, by the Planning Department to its upper level administrative organs or the relevant recommendations of the oversight bodies of administrative law enforcement, the relevant administrative authorities shall be dealt with according to law, and planning departments.
    11th Planning Department staff do not perform their statutory duties, shall investigate and deal with illegal construction and not investigation according to law, by its superior organ or unit shall be given administrative sanctions.
    12th exercise of authority planning departments unlawful or improper, the loss caused to a party shall bear liability.
    Due to planning departments letter of assist handle illegal construction errors, leading to assist departments and units bear the liability, the liability assumed by the Planning Department.
    Planning Department in treatment, punishment for illegal construction is completed and has been corrected, notify the relevant departments and units, property losses caused to a party by the Planning Department liable.
    13th, Xuzhou city, in violation of city planning and construction in accordance with the relatively centralized administrative punishment right in urban management provisions of the pilot scheme, managed by the city administration punishment of law enforcement agencies, by the administrative law-enforcement departments in accordance with this approach to urban management regulations.
    14th administrative punishment for violations of city planning and construction, these measures are not provided for, in accordance with the provisions of the relevant laws, rules and regulations.
                                                                                                                  15th these measures come into force on the date of promulgation.