"Construction site occupation of the community incident" is now reversed?Pay a license due to illegal regulations, apologize to the owner on the street

Author:Express Wuxi Time:2022.09.19

Modern Express News (Reporter Gao Yi) The construction of the second phase of the community in the third phase of Yincheng · Jinglianghe Community, Huishan Street, Huishan Street, Liangxi District, Wuxi City has been in the public region road and greening incident. It has passed for more than ten days. Recently, a reporter from Hyundai Express learned from Mr. Cen, the owner of the second phase of the community, that on the morning of September 16, the relevant staff of the relevant person in charge of the Huishan Street Office of the Housing and Urban Construction Bureau of Huishan Sub -district Office and some representatives of some owners and development of the second phase of Jinglianghe Community and developed. Business representatives negotiate.

Regarding the "Temporary Discovery and Occupy Road License" issued by the Street Comprehensive Administrative Law Enforcement Bureau, Zhou Bin, deputy director of Huishan Street Sut down in charge of urban management, said that the person in charge of the certificate of the certificate Zhu Mou has been adjusted. "This business is not in our. Within the scope of the acceptance, he did understand that there was a problem in business, so the staff member has now suspended his work. "Zhou Bin said that the streets will put it on the party's work committee to make a decision to revoke the administrative license decision to revoke the administrative license. Essence

At the scene, the relevant person in charge of the street issued the "Temporary Excavation, Occupy Road License" (hereinafter referred to as the license) on violating the rules, and apologized to the representatives of the owners of Jinglianghe Community. In the next step, the corresponding suggestions of the street and the demands of the owner will be resolved to the functional departments.

Two licenses have been issued one after another, and the staff have been suspended now

The reporter learned that Huishan Street Comprehensive Administrative Law Enforcement Bureau successively issued two licenses for the developer of Yincheng · Jinglianghe Community. The first license was on the early morning of July 25, 2022, and the developer was posted in the elevator at the elevator in the community. In the afternoon of the same day, some owners of the community went to the Comprehensive Administrative Law Enforcement Bureau of the Street, requiring the legal basis for providing the internal fire channels inside the community as a urban road and a license. In response, the person in charge of the sub -district comprehensive administrative law enforcement bureau, the person in charge of the license, wished the developer to stop the work immediately. "The applicant said at the time that he needed to occupy and tap the sidewalks and greening on the East Road of the canal outside the community. I went to the construction. "On the scene, I wish the developer on behalf of Zhu Mou," Occupy the internal roads of the community, the street said, not counting it, the community said it was not counted, and the owner said it. "

Because Zhu Mou made a guarantee to the owners, on the morning of September 7, the developer brought Huishan Street Comprehensive Administrative Law Enforcement Bureau Zhu to enter the community for construction again, and the owners expressed their shock. On the afternoon of September 7, when a reporter from Modern Express learned about the situation to Ding Moumou, the person in charge of the street, the person in charge made it clear that the license was issued through on -site exploration to meet the requirements.

Nevertheless, on September 16th, at the scene of the multi -party consultation association, Zhou Bin, the person in charge of the street, overturned the previous conclusion that "(the second time) was illegal, which was caused by the unskilled business of the personnel. It has been suspended. "Zhou Bin introduced." After this incident came up, I went to the higher authorities including the Urban Management Bureau and the Municipal Garden Bureau for consultation. First of all, the scope of this business is not within the scope of urban management acceptance. There are problems, so this staff member has suspended the work. Regarding this certificate, I reported the leaders and the leaders' consent. In the next few days, the party work committee will be discussed to make a decision to revoke the administrative license. "

Digging the damage road and whether the greening is "reasonable", the opinions of the owners and developers are different

Although the license has clearly violated the rules and the streets will make a decision to revoke, whether developers can continue to be constructed within the second phase of the community still remain to be discussed. At the meeting, the person in charge of the developer said, "Even if the two certificates have been revoked, the construction certificate is still valid." According to the house purchase contract provided by the developer, "the community itself belongs to a film development community, which is divided into one or two The construction of the third phase and delivery in installments. During the early sales process, the owner also had relevant agreement when signing a house purchase contract. The community delivered in the previous delivery was to be delivered in the back. At that time, it is a concession to the rights and obligations of the two parties. "In response to the owner," there is indeed this one -housing contract, but the developer has not enhanced the mark and did not specifically propose for the word "reasonable use 'in the format contract. To dig and occupy roads and greening. "

Developers and owners have different views on the word "reasonable use" in the agreement. The owner said, "I asked you to borrow a mobile phone to call and return it to you again. This is called reasonable use; I took your mobile phone over and disassembled it into parts, and put it back to you after disassembling it. I think this has already been The category beyond the reasonable use. The reasonable use that our owners believe that the developers will temporarily drive to deliver the delivery with our community roads, or temporarily stack something. This is reasonable, not to destroy the roads and greening directly. " The developer said, "As long as I serve the third -phase construction, not for other services, it is reasonable. The scope of the second phase is to serve the third phase of the construction. "Whether the development of the developer is legal to discuss, and the red line of the community planning is the key

Can the construction in the community stop? In this regard, the streets cannot make decisions. The person in charge of the street stated, "The problem of stopping construction, we said no, we can't say this for developers and related functional departments, but we will put everyone’s ideas to leaders and district functional departments. Everyone negotiates after sitting down. If there is indeed a problem with the construction, we will also let the developer stop the work immediately. If the functional department believes that the construction is within the corresponding laws and regulations, it may not allow the developer to stop immediately. The government does things. You must follow laws and regulations. "

The development of developers in the second phase of the community is legal. The key is to depend on the planning red line drawings of the second and third phases of the community. "Regarding the issue of the red line, we will let the professional department call (information). If we are transferred out of violation, we will punish the developers while stopping the work. The right to decide is indeed not the streets, (while in) the district housing construction, planning bureau, etc. If it is legal and compliant, the street does not have the right to order it to stop work. If it is not legal and compliant, we can ask the responsible department Planning the red line will stop developers to stop work and restore the original state. "The person in charge of the street said.

△ The construction of the second phase of the community has been suspended since the afternoon of September 16

The reporter of the Modern Express learned that the construction within the second phase of the Beijing -Lianghe Community has been suspended, and the license documents issued by the Comprehensive Administrative Law Enforcement Bureau of the Street are still in the procedure. As a result, the owner was informed.

What is the follow -up of this matter, the Modern Express reporter will continue to pay attention.

(Photo confession)

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