In order to maintain the authority and seriousness of urban planning, in accordance with the "Land Management Law of the People's Republic of China", "Urban and Rural Planning Law of the People's Republic of China", " *The Urban Real Estate Management Law of the People's Republic of China", the "Decision of the State Council on Deepening Reform and Strict Land Management", the "Urban Real Estate Development and Operation Management Regulations", the "Enshi Prefecture Urban and Rural Planning and Construction Management Regulations" and other laws and regulations, and the "Lichuan Municipal People's Government's Notice on Issuing "Notice of Lichuan City on Strengthening Land Utilization Management Measures" and "Notice of the Municipal People's Government on the Approval of the Interim Measures of the Municipal Urban and Rural Planning Administration on the Post-Approval Management of Construction Project Planning in Lichuan City". After study by the municipal government, it was decided to carry out renovation within the urban planning area. Illegal land occupation, illegal construction, and illegal development (hereinafter referred to as the "three violations"). The announcement is as follows.
1. Remediation scope Within the scope of the city’s urban planning.
1. Duting Subdistrict Office: Nanhuli, Ruquan, Guanjing, Taohua Neighborhood Committee, Jiaochang Village, Muchan Village, Zhamu Village, Datang Village, Linjia Village, Pu'an Village, Longtan Village, Yangziling Village.
2. Dongcheng Subdistrict Office: Guandong Village, Chenghuang Village, Xinqiao Village, Shanmu Village, Xiaba Village, Maqiao Village, Wangjiawan Village, Yandongsi Village, Lili Village, and Yangliu Village.
3. Yuanbao Township: Qinglong Village. 4. Liangwu Township: Sandaohe Water Source Protection Area, Laochang Village, Liangwu Village, Chigu Village, and Tieluzhai Village.
2. Contents of rectification
(1) Land occupation for construction without approval, use of land not according to approved purposes, illegal sale and transfer of land.
(2) Conducting project construction without planning permission, without obtaining the corresponding qualification level certificate or exceeding the qualification level, and without fire protection design pre-examination or filing.
(3) Failure to apply for the "Construction Land Planning Permit" and "Construction Project Planning Permit" in accordance with the law or failure to construct in accordance with the content and requirements of the planning permit.
(4) Party members, cadres and employees participate in the illegal sale or transfer of land, and resist illegal construction.
(5) Village and group cadres participate in the illegal sale or transfer of land and illegal construction.
(6) Obstructing state personnel from investigating and handling activities related to land, development, and housing construction.
(7) Repeated prohibitions and refusal to implement the handling decisions issued by law enforcement agencies in accordance with the law.
(8) Other illegal activities suspected of "three violations".
3. Remedial Measures
(1) From the date of issuance of this Notice, any violation of the above-mentioned laws and regulations will be suspended and the land, planning, urban management, and Investigation and handling by housing and construction departments.
(2) For those who refuse to listen to dissuasion and refuse to implement the shutdown instructions issued by law enforcement departments, the water supply and power supply departments will take measures to cut off water and power after receiving the notice from the city's "Three Violations" Rectification Office.
(3) If the law enforcement authorities have issued a decision but still rush to build without stopping work, they will be strictly investigated and punished until forced demolition.
4. Division of functions
(1) The Dongcheng and Duting sub-district offices are responsible for arranging special personnel to quickly review the resettlement list of the resettlement community, the reasons for the resettlement, the number of resettlement housing sites, and the number of housing sites. The base area, household registration separation, resettlement basis, etc. will be sorted out, real-name registration will be carried out, and the situation will be reported to the city's "three violations" rectification office in a timely manner.
(2) The Municipal Urban and Rural Planning Administration is responsible for handling planning approval procedures for land use rights holders who meet the conditions for building houses in accordance with urban planning requirements; and checking certificates for construction activities of construction units and individuals that have received planning permission. , supervision is in place; cases that violate the relevant provisions of the "Urban and Rural Planning Law" and "Enshi Prefecture Urban and Rural Planning and Construction Management Regulations" will be filed and dealt with in accordance with the law.
(3) The Municipal Urban Management Bureau is responsible for investigating all illegal construction activities within the planning area that have not obtained the "Construction Project Planning Permit" and handling them in accordance with the "Urban and Rural Planning Law" or other relevant laws and regulations After the decision is made and implemented, a letter will be sent to the relevant departments to apply for the corresponding certificates.
(4) The Municipal Bureau of Land and Resources is responsible for strengthening the source management of land use, and is responsible for all unauthorized occupation of acquired land or collective land for housing construction within the planning area, unauthorized occupation of land for non-agricultural construction, Investigation into the purchase, sale or other illegal transfer of land will be conducted and decisions will be made in accordance with the law.
(5) The Municipal Housing and Urban-Rural Development Bureau is responsible for investigating the behavior of engaging in real estate development without obtaining qualifications or exceeding the qualification level and making handling decisions in accordance with the law.
(6) The municipal public security organ is responsible for filing and investigating suspected illegal land transactions and tax evasion cases handed over by various functional departments, and publicizes the results of the handling and accepts supervision.
(7) The procuratorial organs are responsible for supervising the performance of duties by functional departments, and investigating and punishing relevant personnel who do not act, act slowly, or act randomly in the process of law enforcement in accordance with the law.
(8) The disciplinary inspection and supervision department is responsible for investigating and punishing party members, cadres and employees who participate in the illegal sale or transfer of land, and resisting illegal construction, and publicize the results of the punishment.
(9) The following departments and units should assist in stopping and actively participating in handling illegal construction:
1. When issuing real estate certificates, the housing and construction department must check the planning permit, land use Warrants and tax certificates. The purpose of the property registered in the property right certificate shall be consistent with the purpose specified in the land use right certificate and construction project planning permit, otherwise it shall not be processed.
2. The competent departments of industry and commerce, culture, health, public security, meteorology, fire protection, taxation, etc. should inspect the land use right certificate, planning permit, and housing property rights certificate during the review of prerequisites for administrative licensing, focusing on the inspection of houses. For completion acceptance, fire protection, lightning protection and other procedures, permission shall not be granted if the certificates and procedures are incomplete.
3. The environmental protection department is responsible for investigating and handling real estate developments in accordance with the law that have not obtained environmental assessment approval, failed to implement the "three simultaneous" system for environmental protection, and failed to pay sewage fees.
(10) The Municipal “Three Violations” Rectification Office is responsible for coordination, inspection, and supervision.
5. Remediation Requirements
(1) If illegal construction units or individuals actively cooperate with the investigation and handling in accordance with relevant regulations, and do not affect the overall land use planning and urban planning, they will be treated in accordance with the cleanup process. According to the principle of handling one household, dealing with each household, classifying the case, and closing the case, after paying the taxes and fees, the penalty shall be the lower limit prescribed by laws and regulations. After the disposal is in place, the land, planning, housing and construction and other departments can handle the corresponding procedures.
(2) If illegal construction units and individuals refuse to accept investigation and handling, the relevant departments will deal with them according to the upper limit in accordance with the law, and those that do not meet the planning requirements will be resolutely demolished.
(3) Land use rights holders who have the following circumstances and are in compliance with the overall land use plan and urban planning can only build after completing the relevant procedures for land, planning, and housing construction:
1. According to the provisions of the "Notice of the Municipal Government on Issuing the Management Measures for Rural Homestead Sites in Lichuan City" (Lizhengfa [2008] No. 32), those who meet the conditions for building houses;
2. Due to the needs of municipal engineering construction Those that meet the conditions for demolition and reconstruction;
3. If the house structure is damaged due to disrepair or geological changes and other reasons, and is identified as a D-level or above dangerous house, it can be renovated at the original site according to planning requirements;
4. Obtain land use rights through state transfer.
(4) The "Three Violations" Rectification Office, the Land and Resources Bureau, the Urban and Rural Planning Administration, and the Urban Management Bureau jointly issued the "Three Violations" Rectification Notice. The "Three Violations" Rectification Office will publicize the issuance roster and handling status of the "Three Violations" Rectification Notices in the media. (5) Establish a reporting hotline to accept complaints and reports.
6. This notice shall come into effect on the date of issuance.
Lichuan Municipal People’s Government