Real estate news

Stop at the garage in a condominium. The Mayor can stop the activity if the fire regulations are not respected.

Legitimate the ordinance with which the Mayor orders the administrator of a condominium to stop the activity of an unauthorized garage

The contingent and urgent ordinance with which the mayor orders the administrator of a condominium to stop the activity of an unauthorized garage, until the security conditions for public and private safety are restored is legitimate. fire regulations. This was established by the TAR of Sardinia with sentence no. 624 of 6 July 2018.

The Cagliari court seizes the opportunity to reiterate a series of principles on the instrument of the urgent contingent union ordinance.

The fact - By order of 2008, the Mayor had ordered the building administrator to stop the operation of an unauthorized garage until the fire safety conditions were restored.

The owner and the usufructuary of the garage had asked the City to adopt the measures and acts necessary to comply with the ordinance. As the Municipality did not find the warning, the two appealed to the Regional Administrative Court with an appeal to ascertain the illegitimacy of silence. On the slope of the appeal, with another order, the mayor ordered the condominium to "stop the activity of an unauthorized garage".

The power of ordinance of the Mayor. The contingencies and urgent orders are concrete implementation of a power attributed to the Mayor, as a representative of the local community, to deal with cases of health or hygiene emergency only local (Article 50 paragraph 5 TUEL) or as an officer of the Government in order to prevent and eliminate serious dangers that threaten public safety and urban safety (Article 54 paragraph 4 TUEL).

Temporary character to face urgent situations. The power of the Mayor has a residual nature. Its exercise presupposes the need to provide urgently with extraordinem tools to cope with situations of an exceptional and unpredictable nature of current and imminent danger for public safety, which can not be provided with the ordinary instruments prepared by the sorting.

The provisions in question are therefore characterized by temporariness and temporariness as regards the effects and by proportionality with respect to the danger to be overcome.

It is therefore illegitimate to adopt contingencies and urgent orders to deal with predictable and permanent situations or when there is no "urgency" to provide, that is the absolute necessity to put in place a non-deferral intervention to protect public safety.

The solution of the Sardinia TAR. In the present case, it can not in any way be stated that the order has permanent effects. The provision adopted by the Mayor imposes a special provision (adoption of security regulations) to resolve the issue that gave rise to the situation of danger. Once it is fulfilled the expected burden.

No defaults can therefore be charged to the Municipality by the applicants who, moreover, have never challenged the order of which the legitimacy is now being challenged. For this reason, the TAR rejected the appeal.

Fonte https://www.condominioweb.com/autorimessa-in-condominio-norme-antincendio.15059#ixzz5PAgAgI9l 
www.condominioweb.com