CHAPTER I – GENERAL PROVISIONS
Article 1
This Ordinance is determined by virtue of the faculties awarded by article 84 of Law 7/1.985 of 2nd April, regulating Local Bases and article 220 of Municipal and Catalan Local Law 8/1987 of 15th April, backed by the requisites of articles 245, 247 and 252 of Legislative Decree 1/1990 of 12th July, approving the rewriting of the legal texts in force in Catalonia concerning urban affairs.
Article 2
This Ordinance has the nature of an Ordinance of construction or urban policing, and is not linked to specific planning directives and may be referred to aspects of health, safety and purely technical aspects.
Article 3
For the effects of this ordinance, plots will be areas of urban land that are suitable for building and meet the requirements of article 10 of the TRLS.
Article 4
Land enclosure will be understood as the non permanent exterior work of a new plant, limited to the simple physical enclosure of the land.
CHAPTER II – CLEANING LAND AND PLOTS
Article 5
The Mayor will direct the urban, rural and sanitary policing and will require the inspection of all plots, works and installations in his municipal area to ensure compliance with the conditions.
Article 6
It is forbidden to dispose of rubbish or solid waste on plots of land and free spaces under public or private ownership.
Article 7
1. Owners of all kinds of lands and construction will keep them under conditions of public safety, health and appearance, it being expressly forbidden to dispose of rubbish, urban solid waste or rubble there.
2. When the direct domain of a land or construction belongs to one person and the useful domain to another, the obligation will fall upon the person with the useful domain.
Article 8
1. Automatically or on the request of the person concerned, the Mayor will start the procedure by informing the owner or owners of the land, urbanisation or building and, following the report of the technical services and a hearing with the parties concerned, will give a resolution indicating the existing shortcomings and ordering the measures required to correct them and establishing a term for them to be carried out.
2. After the term granted without those obliged having carried out the necessary measures, the Mayor will order the initiation of the sanctioning procedure.
3. In the resolution, the person obliged or their administrator will be required to proceed with the execution of the order effected. If this is not complied with, it will be carried out by the Town Hall and charged to them through an executive collection procedure.
CHAPTER III – LAND ENCLOSURE
Article 9
1. Land owners will have to keep them enclosed for reasons of public safety, health and appearance while new constructions are not under way.
2. The obligation to form an enclosure may be extended to other lands and rustic properties for reasons of safety or health.
3. Enclosure on non urbanisable land under special protection may not damage the specific value to be protected.
4. In places of open, natural scenery, albeit rural or maritime, or in the perspectives offered by typical or traditional, historical-artistic urban units, and in the surroundings of picturesque roads and paths, no enclosures or walls will be allowed that reduce the visual field for contemplating natural beauty, that break the harmony of the scenery or disfigure its perspective.
Article 10
The land enclosure will meet the following characteristics:
a) Opaque bodies will be 0.60 m. at most over the natural lie of the land on which they are located.
b) Up to a height of 1.80 m. measured as in the previous aside, climbing enclosures and vegetable fences will be allowed.
Article 11
The enclosure of plots or rustic lands is considered minor work and is subject to licence.
Article 12
1. Automatically or on the request of any person concerned, the Mayor will order the performance of a plot enclosure, indicating the requirements and term of execution, having informed the technical services and having given the owner a hearing.
2. The execution order supposes the granting of a licence for the ordered activity.
3. After the term granted without those obliged having carried out the necessary measures, the Mayor will order the initiation of the sanctioning procedure.
3. In the resolution, the person obliged or their administrator will also be required to proceed with the execution of the order effected. If this is not complied with, it will be carried out by the Town Hall and charged to them through an executive collection procedure.
CHAPTER IV – INFRINGEMENTS AND SANCTIONS
Article 13
A serious urban infringement will be the non fulfilment of the order to execute the necessary works, including enclosures, to maintain the lands, private urbanisations and buildings in conditions of public safety, health and appearance, as provided in article 262, concerning article 251 of Legislative Decree 1/1990 of 12th July, approving the rewriting of the legal texts in force in Catalonia concerning urban matters.
Article 14
1. The infringement referred to in the previous article will be sanctioned with a fine of 10 to 20 percent of the value of the complementary works necessary to correct the hygienic, sanitary and aesthetic shortcomings, up to a maximum one hundred thousand pesetas.
2. In no case may the Town Hall stop adopting measures tending to restore the infringed urban order, in which case it may proceed to compulsory execution by carrying out the corresponding acts of its own accord or through such people as might be determined, charged to the obliged person.
Article 15
In complying with the orders to carry out the enclosure of lands, private estates and buildings, the owners will be responsible; in the infringement of orders of execution for reasons of health, hygiene and appearance other that the enclosure, the people responsible will be those who have their useful domicile there.
Article 16
The qualified body for resolving on the sanctioning procedure is the Mayor, according to article 21,1,k) of Law 7/1985 of 2nd April, regulating the local bases, and article 270 of Legislative Decree 1/1990 of 12th July, approving the rewriting of the legal texts in force in Catalonia concerning urban matters, without prejudice to the faculty of passing on responsibility to an Alderman or Government Commission by general edict.
Article 17
The sanctioning power will be executed through the sanctioning procedure established in the Decree of the Government of Catalonia 278/1.993 of 9th November.
CHAPTER V - RESOURCES
Article 18
Against the resolutions of the Mayor’s office, in which the execution orders are established to end with the administrative proceeding, a contentious-administrative appeal must be brought before the corresponding Hall of the Catalonia Superior Court of Justice, following notification to the Mayor himself, referred to by article 110.3 of Law 30/1992 of 26th November concerning the Legal Bases of Public Administrations and Common Administrative Procedure.
FINAL PROVISION
This Ordinance, with 18 articles and a final provision, will come into force following the final approval and publication of the complete text in the Official Gazette of the Province, and after the time of fifteen working days provided in article 65.2 of Law 7/1985 of 2nd April, regulating the local bases. Equally, the reference of the Official Gazette of the province where the text has been published in full will be inserted on the notice board of the corporation and in the Official Gazette of the Government of Catalonia.