Fushun City Ban On Illegal Construction Regulations

Original Language Title: 抚顺市城区禁止违法建设管理规定

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  First to strengthen the management of urban and rural planning, suppression and investigation of illegal construction, according to the People's Republic of China town and country planning Act, the People's Republic of China administrative mandatory law, combined with the practical, these provisions are formulated.

Article urban planning area in the city to stop and investigate and deal with illegal construction, these provisions shall apply.    

Third article this provides by said illegal construction, is refers to violation urban and rural planning management about legal, and regulations provides of following case: (a) not made construction engineering planning license or not according to construction engineering planning license of provides for construction of; (ii) without approved for temporary construction or not according to approved content for temporary construction of; (three) temporary buildings, and structures over approved term not demolition of; (four) other ban or without approved unauthorized for of illegal construction.

Buildings and structures that have been built before the implementation of these provisions, whether belonging to illegal construction, construction was performed in accordance with the provisions of laws and regulations to be identified.

Fourth municipal people's Government, the unified leadership of the city's ban on illegal construction work.    

(Including development zone, the same below) against illegal construction work within people's Government responsible for the Administration, organization, coordination of relevant administrative organs to stop and investigate and deal with illegal construction.

Is responsible for comprehensive urban management enforcement authorities against illegal construction works in the area of guidance, supervision, and evaluation, comprehensive coordination and to entrust the investigation of illegal construction work of the municipal government.

Municipal planning departments are responsible for the illegal construction of comprehensive urban management enforcement authorities confirm operational guidance.

Public security organs shall be responsible for investigating criminal acts prohibiting illegal construction occurring in the field of law enforcement.

Fifth District in comprehensive urban management enforcement agencies seized on-site or force in the process of demolishing the illegal building, water supply, power supply, gas supply, heating units shall cooperate with and shall not be provided to illegal construction connection of water, electricity, gas and heat.

The sixth municipal and district comprehensive urban management enforcement agencies should set up illegal construction complaints, reporting system, released to public mail, e-mail and any complaints, telephone hotlines, complaint or information.

Comprehensive urban management enforcement authorities upon receipt of a complaint, shall receive, register, and assigned by the illegal construction of comprehensive urban management enforcement agencies in the investigation.

Comprehensive urban management enforcement authorities after receiving the complaint, report, shall immediately carry out investigation work, and results will be investigated in accordance with the provisions of the disclosure of Government information published on this Web site.

Seventh city comprehensive urban management enforcement authority shall draw up a consolidated instrument style of law enforcement, and enforcement procedures. Eighth district people's Government illegal construction inspection system should be established. Comprehensive urban management enforcement agencies, neighborhood offices, urban planning area of the Township people's Government and other units should be divided patrol area of responsibility, determining inspections those responsible. Inspection responsibility shall regularly carry out inspections, inspection cycle not later than 3rd.

Inspections found in its inspections within the area of responsibility of those responsible of illegal construction, shall immediately report to the comprehensive urban management enforcement authority.

UN-Habitat (village) within the scope of its jurisdiction, the Committee found that illegal construction, shall immediately report to the comprehensive urban management enforcement authority.

Property services companies found in the scope of control of illegal construction, should be immediately to the local neighborhood Office or comprehensive urban management enforcement authorities. Nineth comprehensive urban management enforcement authorities illegal construction supervision system should be established, Division of supervision responsibilities to determine supervision responsibility. Supervisory responsibilities shall regularly carry out inspections, inspection cycle not later than 7th.

Supervision responsibility for supervision in its area of responsibility in the detection of such illegal construction, shall immediately inform the comprehensive urban management enforcement authorities in the investigation and verification of inspections those responsible carry out inspection duties.

Tenth found acts of illegal construction, comprehensive urban management enforcement authority shall immediately and in writing, shall be ordered to stop construction; parties did not stop building, District Government, where the illegal construction can instruct the comprehensive urban management enforcement authority, sealing up the construction site or torn down, such as legal and effective measures to stop it.

11th found have built illegal construction, comprehensive urban management enforcement authority shall order the demolition party fails to remove the, District Government, where the illegal construction to entrust the comprehensive urban management enforcement agencies are torn. 12th article cannot be determined illegal construction in the construction of units or owners, managers, District Government, where the illegal construction should be through the media or seat of the illegal construction in announcements, notice period shall not be shorter than 15th.

Expiry of the notice period, still unable to determine the unit or building owners, managers, District Government, where the illegal construction to entrust the comprehensive urban management enforcement agencies are torn.

Article 13th sealed up or torn down when the construction site should notice in the field decided.

Implementation when sealing up or torn down measures on construction site, it shall notify the parties to clean the instruments, objects, parties refusing to clean up, can be seized, and making property list signed by the parties, the parties do not sign, the illegal construction is located (village) people's Committee confirmed.

Seat of the 14th article of illegal construction of comprehensive urban management enforcement agencies when investigating the illegal construction, you can check out materials or obtain, copy the relevant evidence, the authorities concerned shall cooperate.

Relevant administrative departments to provide information should be free; of archival provision of paper files, copying fee, but shall not be charged other fees.

15th administrative organs and their staff has the following outstanding against illegal construction related duties by the supervisory authorities or the competent authority shall order rectification, criticized the supervisor directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law: (a) after receiving the complaints, the report is not dealt with according to law; (Ii) district city management integrated law enforcement organ, and subdistrict offices, and township government, units in inspections responsibility district within, not perform daily inspections duties, failed to timely found illegal construction, or found Hou not report of; (three) city city management integrated law enforcement organ in supervision responsibility district within, not perform daily inspections duties, failed to timely found illegal construction, or found illegal construction Hou not verified inspections responsibility people whether perform inspections duties of; (four) on should law demolition, and

Confiscated illegal income or the illegal construction have not been dismantled, confiscation, or fines instead of demolition, confiscation; (e) the municipal and district people's Government departments are not in accordance with these provisions assist and cooperate against illegal construction work. 16th article of the regulations come into force on February 1, 2016.