Regulations of Anshan Municipality on Comprehensive Administrative Enforcement of Urban Management

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations, in combination with the actual situation of our city, in order to standardize the comprehensive administrative law enforcement of urban management, improve the comprehensive administrative law enforcement level of urban management, and protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 These Regulations shall apply to the comprehensive administrative law enforcement activities of urban management in the urban areas of this Municipality. Article 3 The municipal comprehensive administrative law enforcement department of urban management (hereinafter referred to as the municipal urban management law enforcement department) is the department of the Municipal People's Government that implements the comprehensive administrative law enforcement of urban management and is responsible for the comprehensive administrative law enforcement of urban management.

Planning, urban construction, real estate, public utilities, civil affairs, industry and commerce, environmental protection, public security and other relevant departments shall, in accordance with their respective responsibilities, cooperate with the comprehensive administrative law enforcement work of urban management. Article 4 The comprehensive administrative law enforcement of urban management shall adhere to the combination of law enforcement with education, guidance and service, and follow the principles of legality, reasonableness, fairness and openness. Article 5 Urban management comprehensive administrative law enforcement personnel (hereinafter referred to as urban management law enforcement personnel) shall actively publicize laws and regulations, abide by professional ethics, standardize law enforcement, and enforce the law in a civilized manner when performing official duties, and consciously accept the supervision of society and relevant state organs.

Citizens, legal persons and other organizations shall support and cooperate with the municipal urban management law enforcement departments and their personnel to exercise their functions and powers according to law. Article 6 The Municipal People's Government shall establish a comprehensive administrative law enforcement guarantee mechanism for urban management, and incorporate the comprehensive administrative law enforcement funds for urban management into the financial budget of the people's government at the corresponding level. Chapter II Law Enforcement Duties Article 7 The municipal urban management law enforcement department shall specifically exercise the following functions and powers:

(a) the power of administrative punishment as prescribed by laws, regulations and rules on urban planning management;

(two) the right of administrative punishment stipulated by laws, regulations and rules on the management of city appearance and environmental sanitation, and the compulsory removal of illegal buildings, structures or facilities according to law;

(three) the power of administrative punishment stipulated by laws, regulations and rules on municipal management;

(four) the right of administrative punishment as prescribed by laws, regulations and rules on real estate management;

(five) the power of administrative punishment stipulated by laws, regulations and rules on the management of urban landscaping;

(six) the power of administrative punishment stipulated by laws, regulations and rules on the management of public utilities;

(seven) the power of administrative punishment stipulated by laws, regulations and rules on the management of urban passenger transport (including passenger taxis);

(eight) the right of administrative punishment for illegal acts such as building a funeral shed, setting up a mourning hall outdoors, playing high-pitched music or playing funeral music, throwing paper money, and selling feudal superstitious funeral supplies as stipulated by laws, regulations and rules on civil funeral management;

(nine) the right of administrative punishment for illegal acts of unlicensed vendors who occupy the streets as prescribed by laws, regulations and rules on industrial and commercial administration;

(10) The power of administrative punishment for the illegal acts of burning asphalt, linoleum, rubber, leather and garbage in densely populated areas, which produce toxic and harmful smoke and malodorous gases, as stipulated by environmental protection laws, regulations and rules; The right of administrative punishment for illegal acts such as construction noise, social life noise and noise pollution of processing industry;

(eleven) the right of administrative punishment for the illegal behavior of motor vehicles parked and put on the sidewalk as stipulated by the laws, regulations and rules of public security traffic management;

(twelve) other administrative punishment rights and administrative compulsory rights as determined by laws and regulations. Eighth by the decision of the people's Government of the State Council or the province, the responsibilities of administrative punishment newly determined and adjusted by the municipal urban management law enforcement department shall be announced to the public by the Municipal People's Government. Article 9 After the power of administrative punishment is relatively centralized, the original administrative organ may not exercise it again. If it is exercised again, the administrative punishment decision made by it is invalid.

The administrative department shall not change or give up other administrative management and supervision duties that should be performed according to law because of the relatively concentrated exercise of the power of administrative punishment. Chapter III Law Enforcement Norms Article 10 The municipal urban management law enforcement department shall implement administrative law enforcement actions such as administrative punishment and administrative coercion in accordance with the conditions and procedures prescribed by relevant laws and regulations. Eleventh city urban management law enforcement departments should establish and improve the daily inspection system, timely discover, correct and investigate violations of urban management laws, regulations and rules. Twelfth city urban management law enforcement departments to investigate and deal with illegal cases, according to the law to apply summary procedures for punishment, you can make a decision on the spot; If the general procedure punishment is applied, the punishment decision shall be made within 30 days from the date of filing the case. Due to special circumstances, it is necessary to extend the time limit for handling cases, which may be extended for 30 days with the approval of the person in charge of the municipal urban management law enforcement department. Thirteenth city urban management law enforcement departments shall, according to the facts, nature, circumstances and social harm of illegal acts, implement administrative punishment within the statutory scope; If the illegal act is minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed. Fourteenth city urban management law enforcement departments to implement administrative compulsory measures according to law, should correctly apply laws and regulations, choose a legal way to minimize the losses of the parties.

If the circumstances of the illegal act are obviously minor or have no obvious social harm, administrative compulsory measures may not be taken. Fifteenth city urban management law enforcement departments shall make decisions involving the rights and obligations of the parties, and shall inform the parties that they have the right to make statements, defend themselves and request a hearing according to law; When making a decision, the parties concerned shall be informed of their right to apply for administrative reconsideration or bring an administrative lawsuit according to law.