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Zhejiang property rights liquidation fee
Legal analysis
Property fees are different from living garbage fees. Domestic waste fee refers to the cost of cleaning, collecting and transporting garbage from the place of production to the garbage transportation station. Property fees are the fees charged by real estate companies for cleaning public environment and maintaining facilities in residential areas, while garbage disposal fees refer to the fees generated by urban management and sanitation departments for transporting garbage from transportation stations to garbage disposal sites and garbage incineration power stations for centralized and harmless treatment. Property fees are different from living garbage fees. Domestic waste fee refers to the cost generated by the service behavior of cleaning staff to clean, collect and transport waste from the place of production to the waste transfer station. Property fee is the expenditure charged by various property companies to residents for cleaning the public environment and maintaining facilities in the community. Garbage disposal fee refers to the cost generated by the urban management and sanitation department to transport the garbage from the transfer station to the garbage disposal site or garbage incineration power plant for centralized harmless treatment. Property management fees belong to operating fees, and garbage disposal fees belong to administrative fees. No matter who produces the garbage, it will eventually be treated harmlessly. Therefore, collecting garbage fees conforms to the principle of environmental protection advocated by the state. The garbage fee actually includes two expenses, one is the domestic garbage clearing fee, and the other is the domestic garbage disposal fee. That is, the sanitation station will remove the domestic garbage from residential areas to the garbage disposal station and treat the garbage. It is different from the cleaning fee included in the property fee. Unless there is an agreement in the property contract, the cost shall be paid by the property company, otherwise it shall be paid by the owner.
legal ground
Article 286 of the Civil Code of People's Republic of China (PRC) * * * Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.
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