URBAN PLANNING AND ADMINISTRATIVE LAWYERS IN GRANADA
URBAN PLANNING AND ADMINISTRATIVE LAWYERS IN GRANADA
Urban planning and administrative lawyers in Granada
Urban managers.
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URBAN PLANNING AND ENVIRONMENT LAWYERS IN GRANADA
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Responsible for the violations.
1. Individuals and legal entities, as well as unincorporated entities referred to in the legal regulations of the public sector, who carry out the conduct classified as fraud or negligence, are responsible for the infractions of this Law. Notwithstanding the foregoing, the rules of the following sections shall apply.
2. In the case of works and installations without the mandatory enabling title or without having presented the responsible declaration or violating its terms, the promoter, the employer, the builder who executes the works and the technician who directs them will be penalized. The developer shall be presumed to be the person who owns the land or building, unless proven otherwise.
3. In the case of subdivisions without authorizing title, in addition to the initial owner of the land, those who, in the exercise of their professions, cooperate with an act without which it would not have been carried out, as well as the purchasers, will be penalized. proportion to the allocation of use, quota or participation acquired.
4. In the acts executed, carried out or developed under the protection of administrative acts that constitute or legitimize an urban infraction, the following will be responsible:
a) The head of the single-person administrative body that has granted the licenses or approvals without the mandatory reports or against those issued in an unfavorable sense due to the infringement, the members of the collegiate bodies that have voted in favor of said licenses or approvals under identical conditions and the Secretary who in his report has not warned of the omission of any of the mandatory technical and legal reports, as well as the optional officials who have reported favorably on the licenses or approvals, when there is intent, gross negligence or negligence.
b) The subjects listed in section 1 of this article who materially carry out the conduct classified with intent, fault or gross negligence.
For the purposes of the requirement of responsibility to the owners and members of administrative bodies and public employees, the determination of the type of infraction and the amount of the sanction will be that which is provided for in each case in this title.
5. The sanctions for the different persons responsible for the same infraction will be independent, even if they are declared in a single procedure, but when the same infraction has been carried out by several people jointly, they will be jointly and severally liable for the sanctions imposed, except that the pecuniary sanction could be individualized in the resolution based on the degree of participation of each person responsible.
6. In the event of non-payment of the fines imposed on legal persons or entities without personality, each of their de facto or legal administrators will be jointly and severally responsible.
7. The persons referred to in article 31 of the Criminal Code will only be sanctioned with a fine and only when they commit the typical action on the occasion of their business activities in competition in the market without the nature of public service.
8. In view of indications of actions contrary to the provisions of this Law, carried out in the exercise of their functions by persons subject to deontological norms, the Administration will inform the competent bodies to impose disciplinary corrections, without prejudice, where appropriate, of the sanctions provided herein.
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