Halt And Demolishing The Illegal Building In Huainan City Provisions

Original Language Title: 淮南市制止和拆除违法建设规定

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Halt and demolishing the illegal building in Huainan city provisions

    (May 25, 2010 Huainan municipal people's Government at the 45th Executive meeting on June 1, 2010, Huainan municipal people's Government announced come into force on the date of promulgation, 124th) first to strengthen the management of urban and rural planning to halt and demolishing the illegal building, ensure the smooth implementation of urban and rural planning, in accordance with the People's Republic of China laws and regulations such as town and country planning Act, combined with the city's actual, these provisions are formulated.

    Second section within the administrative area of the city to halt and demolishing the illegal building to apply this provision.

    Third counties, the district people's Government (including experimental zone, development zone management) and township and town people's Governments are within their respective administrative areas to stop and dismantle illegal construction liability, is responsible for organizing, directing, coordinating, implementing suppression of illegal construction and demolition work.

    Law enforcement, public security, urban and rural planning, urban and rural construction, land and resources, real estate and other administrative departments in accordance with their respective responsibilities, coordination, joint suppression of illegal construction and demolition work.

    The fourth article of any units and individuals must comply with the approval of the law of urban and rural planning, subject to planning and management.

    Planned construction activities in the area shall conform to planning requirements, and comply with the laws and regulations on land management, natural resources and environmental protection provisions.

    Fifth under any of the following circumstances, buildings, structures, and other facilities for the illegal construction:

    (A) lack of planning permit for construction;

    (B) is not in accordance with the planning permit for construction;

    (C) the unauthorized construction of temporary;

    (D) is not in accordance with the approved construction of temporary content;

    (E) temporary construction exceed approval period is not removed;

    (Vi) others without legal approval.

    Illegal construction clear facts and evidence can be found directly, it is difficult to found or belong to the problems left over by history, by administrative departments in charge of urban and rural planning found that illegal construction by the city administrative law enforcement agencies responsible for the implementation of administrative punishments.

    Sixth Township, town, neighborhood offices and law enforcement agencies should step up inspections found illegal construction in time.

    Property management service construction of illegal construction found in the service area of their property, shall dissuade, deter and dissuade or stop is not valid, shall promptly report.

    Seventh article on the ongoing construction of illegal construction, law enforcement agencies or Township and town people's Governments shall order the party to halt construction on the spot, to remove their party refused to stop construction or refusing to dismantle immediately torn down.

    Shall be collected in the rush of illegal construction in the context of land or housing, now torn down.

    Contract illegal construction work units and personnel shall cooperate with the relevant administrative departments to deal with.

    Article eighth real estate administrative departments shall not for the illegal construction for registration of real estate rights; use of illegal construction in business activities, and other relevant administrative organs of industry and commerce business license, or for it to carry out the relevant license; processed, should be revoked.

    Water and power supply enterprises shall not provide water and electricity services for illegal construction, has provided, should be halted.

    Nineth article on not made construction engineering planning license or not according to construction engineering planning license of provides for construction, can take corrected measures elimination on planning implementation effect of illegal construction, deadline corrected, at construction engineering cost 5% above 10% following of fine; cannot take corrected measures elimination effect of, deadline demolition, cannot demolition of, confiscated real or illegal income, can and at construction engineering cost 5% above 10% following of fine.

    Article tenth of illegal construction must be removed:

    (A) the occupation of urban and rural roads, squares, green spaces, high-voltage power supply corridor or underground pipelines, flood control and waterlogging drainage project, fire exits, measuring marks, occupation planning, reservations and public facilities;

    (B) serious environmental pollution affecting urban and rural transportation, people's lives and security breaches;

    (C) in the sights or cultural relics in the protected areas;

    (D) in the context of upcoming transformation of the old city;

    (V) does not meet the standards of city appearance standards, sanitation;

    (Vi) other law must be dismantled.

    The 11th article of the provisions of article tenth of the illegal construction, fails to dismantle the parties, organized by the County, district or township people's Government torn down.

    Costs for demolishing the illegal building work by the financial guarantee.

    12th taking of demolishing the illegal building measures, should develop a programme of work, subject to the following provisions:

    (A) the law enforcement agency investigation or township people's Government, listen to the statements of the parties and representation; (B) in consultation with the competent administrative Department of town and country planning advice, County, district or township people's Government issued a written decision on the forced demolition.

    Written decision contained the names, addresses, facts, evidence, the parties concerned may apply for administrative reconsideration or bring an administrative suit the ways and terms, authorities name, stamp, date;

    (C) tell us the reasons, according to the parties, on the spot relief; the failure to inform or to determine a party's, you can notice form;

    (D) making field notes and list, signed by the parties and witnesses and law enforcement officials; the party was not on the scene, witnesses or the parties refused to sign, indicate in the notes;

    (E) after being legally notarized, mandatory demolition.

    Organizations directly under the city law enforcement agencies shall organize, with the forced demolition of illegal building work.

    Force for demolishing the illegal building costs borne by the illegal construction parties.

    13th demolished illegal construction will not be compensated.

    Illegal construction of parties will not be able to remove, can delegate units removed.

    14th City law enforcement agencies should set up illegal construction of unified report phone and announced to the public. No units or individuals found illegal construction, right to report it.

    Relevant competent administrative departments shall receive, in a timely manner, inform the informers, and the informer confidential.

    Accepting reports of substantiated after investigation, County, district and township and town people's Governments may reward the appropriate first informants.

    15th city people's Governments of counties, the district people's Government halt and demolishing the illegal building work implemented performance appraisal, include goal management. County and district people's Government's annual budget totalling 200 to 3 million yuan in special funds, municipal arrangements between 200 and 3 million Yuan, unified into special funds, financial account, used to halt and demolishing the illegal building performance assessment.

    To achieve goals and tasks, reward outstanding, excluding special funds.

    Performance evaluation of specific measures shall be separately formulated by the municipal law enforcement agencies, in conjunction with relevant departments, and submitted to the municipal people's Government for approval before implementation.

    Article 16th combat duties and demolishing the illegal building of relevant administrative departments or State-owned enterprise who have any of the following circumstances shall be given administrative sanctions:

    (A) in the area of responsibility, do not carry out inspection duties, or after the discovery of unreported and unchecked;

    (B) illegal construction should be dealt with according to law and does not address;

    (Iii) is illegal construction should be immediately removed without dismantling the construction of;

    (D) must be forced to demolish illegal construction, in the form of fines in lieu of;

    (E) conduct registration of real estate rights for illegal construction, business license and other related certificates;

    (Vi) provide water and electricity services for illegal construction;

    (VII) other acts of dereliction of duty, abuse of authority or engages in.

    17th construction illegal construction of State functionaries and their families, should be actively removed; refused to remove or impede the investigation of illegal construction works, by their work units or organs shall be given administrative sanctions.

    Agents of the State approval or participation, tolerate any illegal construction, according to the circumstances, by their work units or organs shall be given administrative sanctions.

    National staff members meet the provisions of the preceding two paragraphs, while drawing the attention of discipline inspection and supervision departments to give party disciplinary measure.

    18th block public officials from performing their duties, shall be subject to punishment by public security organs constitutes a crime, criminal responsibility shall be investigated according to law. The 19th article of the provisions come into force on the date of promulgation.

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