Can a community in Ningbo "legally" occupy green space after paying a fine?

Recently, many netizens complained about the phenomenon of green destruction and illegal construction in the first phase villa area of Jiangshan Wan Li, Yinzhou District. It seems not surprising that the rectification work of relevant departments is once again in trouble. The phrase "the case procedure has been completed" shows the powerlessness and helplessness of law enforcement.

Recently, the netizen numbered "7095 1" complained on the message board of Minsheng Dentsu in ningbo net, China that the problem in the villa area of Jiangshan Wan Li Phase I was getting more and more serious. Some owners destroy the green without permission, occupy public green space, and a large area of green space is hardened, with illegal structures on it. With the increasing number of decoration households in residential areas, similar violations have also spread, seriously damaging the environment of residential areas and infringing on the interests of other owners.

In response to this complaint, Yinzhou District Comprehensive Administrative Law Enforcement Bureau and Zhonggongmiao Street responded on August 15.

Yinzhou District Comprehensive Administrative Law Enforcement Bureau: The law enforcement members of Zhonggongmiao Squadron affiliated to our bureau have contacted the community to investigate the illegal construction of the first-phase villa area in Jiangshan Wan Li, and made relevant materials and submitted them to the planning department for identification. Next, the squadron will handle the law enforcement process according to the opinions identified by the planning department. The squadron has investigated and dealt with more than 0 households 10 in accordance with the law, and all parties concerned have paid fines, and the case procedure has been completed.

Zhonggongmiao Street: For voluntary greening, it is organized by public greening owners, that is, all owners. If there is an industry committee, the industry committee shall organize and coordinate the greening work; If there is no industry committee, the property organization shall coordinate the greening work. Please discuss with the owner about compulsory greening.

However, this reply made netizens deeply puzzled and questioned: the relevant departments of Yinzhou District pinned their hopes on the greening and restoration work of the community and the property company that has not yet been established. Can this really work?

Complaints about green destruction and illegal construction in Jiangshan Wan Li actually appeared on the mass message boards as early as May this year. More than three months have passed, and the rectification of this green destruction and illegal construction is still difficult.

Recently, the reporter saw in the first-phase villa area in Wan Li, Jiangshan that basically the green space in front of each villa was occupied and destroyed. At the scene, some decoration workers continued to lay floor tiles on the green space, while cement and gravel were piled up. Many green spaces in the community have been hardened, and pavilions, pools, rockeries and other structures have been built on the green spaces. Residents told reporters that although law enforcement officers have been to the scene recently, most of the owners who have destroyed greening and illegal construction have gone their own way.

The reporter learned from the Comprehensive Administrative Law Enforcement Bureau of Yinzhou District that the Measures for the Administration of Urban Greening in Zhejiang Province clearly stipulates that it is forbidden to destroy lawns, hedges, flowers, trees and vegetation, and damage urban green spaces and greening facilities. In violation of the above provisions, the administrative department of housing and urban and rural construction (Garden) at or above the county level shall order it to make corrections within a time limit and restore to its original state; If losses are caused, it shall be liable for compensation according to law, and may be fined more than 100 yuan and less than 1000 yuan.

However, law enforcement officials told reporters that the comprehensive administrative law enforcement departments have no compulsory means to restore green, and often face law enforcement embarrassment.

Wan Li-style law enforcement embarrassment is not a case in our city.

In March of this year, this newspaper exposed the same problem of occupying green and destroying green in the garden community of Yinzhou District. After investigation, among the 93 households on the first floor of the residential area, 58 households occupied green and destroyed green. After the problem was exposed, Yinzhou District set up a comprehensive rectification work leading group, which was responsible for promoting the rectification work of occupying green and destroying green in the county garden community. However, due to the lack of mandatory laws and regulations, greening basically relies on the emotional and rational persuasion of street and community workers. Although the staff have made a lot of efforts, some owners still do not cooperate with greening, and some owners occupy and destroy greening again after greening. At the same time, the reporter also learned that even the owners who cooperate with greening are based on the premise that local streets bear part of the greening funds.

The complaint of occupying green and destroying green chaos in Jinyu Legendary Community in Yinzhou District also started from 20 16. However, recently, some netizens posted that the phenomenon that residents on the first floor of the community occupy green and destroy green is becoming more and more serious. In this regard, the relevant departments have repeatedly stated in their replies that the local comprehensive administrative law enforcement squadron has imposed administrative penalties on the behavior of destroying urban greening, but there is no coercive force to forcibly restore it.

"Can you legally occupy the green space after paying the fine? Isn't this phenomenon more and more? " During the interview, many residents asked reporters this way and raised two expectations: First, when will the relevant laws and regulations be improved, so that law enforcement agencies can have enough deterrent legal weapons to prevent offenders from easily stepping on the red line? Second, can this problem be controlled from the source? Especially for misleading advertising, where the developer "gives away the owner's private garden on the first floor", our market supervision department and housing construction department should take care of it.