Densely "grown" in the summer of this year in the coastal territory of the residential district "Having washed" razvlekatelno - the pleasure social and cultural life delivered many sleepless nights to inhabitants of houses on Lazurnaya St. For ensuring rest and a normal dream, citizens had to knock at the doors of many instances and to write a large number of complaints.
We will remind, we wrote that inhabitants of houses on Lazurnaya St. demanded silence and asked for the help all, even journalists.
The city authorities reported that inhabitants of nearby houses to these pleasure institutions can sleep peacefully now.
Available information on the solution of this problem was provided also by the chairman of the constant commission on questions of architecture, construction and regulation of the land relations, the deputy of city councilVadim Merikov.
"Initially we started being engaged in this subject in a section of the legislation on the earth, т.е regarding the questions concerning directly work of the commission. In May of this year there were established facts of unauthorized building of the coastal territory. Already in process when in response to inquiries, in the commission information on the facts of carrying out checks of competent authorities and city services started arriving, it became clear that, besides, non-compliance with the land legislation, activity of businessmen in the coastal line of the residential district "Alluvium" is whole "bouquet" of violations", - the deputy tells.
By wordsVadim Merikov, the citizens living on the Alluvium on Lazurnaya St. in houses 52, 52-and opposite to whom the pleasure institutions "Heat" and "BOMBARDIR" settle down, simply filled up with complaints reception BYuT. This problem for citizens of nearby houses became "hotter" a point No. 1 of summer of 2009.
"It isn't necessary to be surprised to it. Reaction of people is caused by violation of their elementary rights. Our citizens can endure and endure enough a lot of things.In our state some of constitutional laws which are stated in acts, for the simple citizen "lose the relevance" as these it is right, it is simple on simply aren't realized. For example, right for free medicine … But, the situation when the legitimate right for normal rest is violated, doesn't fit into any framework.. ", - indignantly arguesVadim Merikov.
Interestingly that inhabitants of these "affected" houses tried to find in the beginning independently a compromise with so-called "owners" of the points located along the coastline on Lazurnaya St.
"People tried to settle the conflict by negotiating, discussions and belief, but strangely enough, weren't heard. Instead security guards of institutions (on - visible, from "blessing" of the managements) reached threats of physical violence with those who is dissatisfied with loud music or especially actively complains in different instances. For the additional argument (according to citizens) it as belief sounded ambiguous hints on weapon existence at those "hardworking" security guards. And for the simple citizen, the pensioner, mother at whom the child can't quietly fall asleep at night, statements of this sort from gallant swells are perceived as real threat of life and to health. Such behavior of organizers of discos can't but revolt", - the deputy speaks.
Residents of houses who are in close proximity to "dancings" daily called police officers, but it didn't bring result. Right after departure of militiamen, the music turned on again. As to fight against it anybody didn't know, after all police officers there constantly can't be on duty. Rest only dreamed people.
The chairman of the constant commission on questions of architecture, construction and regulation of the land relations told that on one of commission meetings unanimously, deputies of all fractions made the decision on creation of the working group. Having systematized and having analysed the received materials, members of the commission established that lease contracts on using the land plots are signed with seven businessmen, and permissions to placement of objects of seasonal portable trade in 2009 on a coastal zone "Alluvium" in the Factory area are given out to sixteen businessmen. How such can be?
"Nearly a half of businessmen uses a city land in a recreational zone free of charge, thus not bad earns.In additives to it, they also devil-may-carely treats opinion of inhabitants of nearby houses from - that in seasonal objects they get permission to implementation of trade activity in administrations of the Factory area and thus the lease contract of the land plot to them it isn't required", - I explainedVadim Merikov.
There is a logical question: as well as than, the city authorities and deputies including, can influence such businessman who except as the got permission has nothing to lose?
"In any way. Permission seasonal. While at inhabitants indignation while they will pass a phase of negotiation process while will write complaints will collect and will collect signatures, then will direct addresses on instances which will carry out formal inspections and will send appropriate formal replies to applicants. Then the set of meetings, meetings, coordination councils and other "important" affairs which really don't influence in any way will be carried out and don't change a today's situation. Here also it turns out - all at business and reaction is on complaints, but only the result for people isn't present", - the deputy noted.
Vadim Merikovit is sure that the today's mechanism of delivery of permissions to seasonal objects in so-called places of mass rest of citizens during the summer period needs radical revision.
"Business all that obtaining such permission by the careless businessman gives start by the activity beginning. Having on hands any formal document, in this case this permission to various little tables, umbrellas, tents, pavilions, etc., rough work on self-capture and samozastroy begins. And after "root" is taken it will be possible to address further with the petition and for paperwork", - explainsVadim Merikov.
Not to be unfounded, it gave some examples:
1) Activity of state of emergency of Komarnitsky S. O.
Having in rent 40 sq.m under pavilion and a summer platform and having got permission to seasonal trade, this businessman self-willedally occupied the land plot of 1700 sq.m on which carried out unauthorized construction.
"It "amused" all summer inhabitants of nearby houses. And now according to information published on the website "Nikolaev Messages" follows that permission was withdrawn from this managing subject still on June 30, 2009. Therefore, all its business activity throughout summer in the specified object was beyond the law.How such can be?", - asks a rhetorical questionV. Merikov.
According to him, without the corresponding reaction this fact doesn't remain.
"We will insist on initiation of legal proceedings upon self-capture of the land plot. Claims will be sent to court from the City Council on indemnification caused as a result of unauthorized occupation of the land plot. We will insist also on termination of the contract in communication by essential violations of conditions of that lease contract", - the deputy shared.
2) Activity of state of emergency of Bubko O. G.
The businessman in borders of a coastal protective strip of the Bugsky estuary self-willedally occupied the land plot of 1927 sq.m, the fence and all summer is established the payment for services of a "private" beach is illegally collected.
"It isn't clear to me when this territory became a private beach in legal sense. Except permission to seasonal object of the trade, given out by administration of the Factory area, any documents on the land plot at the managing subject in general isn't present", - the chairman of the constant commission on questions of architecture, construction and regulation of the land relations commented.
3) State of emergency Polyakov A.V. carries out activity on the basis of the temporary permission, the occupied land plot of 265 sq.m is self-willedally taken, the decision on transfer to land lease isn't present, respectively there is also no monthly payment for the earth.
"If to draw the general conclusion, that, by results of checks, there is no businessman carrying out activity without violation, whether it be violation of the assortment inventory, realization of alcoholic beverages, absence of contracts with hired workers and sanitary books, violation of a mode of silence, the sanitary, ecological, land legislation. As I spoke, the mechanism of delivery of permissions to seasonal objects should be reconsidered. We local governments are obliged to create normal transparent rules for activity. And by that to raise, bring up socially - the responsible businessman at whom the internal respect for elementary human rights will be developed and such system of values when earning money contrary to everythingisn't regarded as of paramount importance is put", - Vadim Merikov considers.
It explained that for the purpose of carrying out auctions by management of land resources six projects of branches on sale of the rights of rent of the land plots located in a beach zone of the residential district "Alluvium" are prepared.
The deputy stated belief that before holding the auction in provisions of the lease of the land plot which will consist by results of the auction with "winner", it is necessary to provide possible and necessary restrictions, and the tenant will be obliged to carry out them.
"Than not mechanism of regulation of relationship: the power - the businessman - citizens? Yes only who will come to auction and will want to pay money when "opening" is created in the budget and there is an opportunity to receive everything for nothing. Though it too is rather conditional and it is confirmed by conversations with businessmen in the course of our work. But it already other subject … In the conclusion, it would be desirable to tell the following: despite the termination of a season of 2009, and removal of sharpness of a problem, we are obliged to make the relevant decision on activity regulation now, without waiting for the next summer. If something is forgotten not to make it eventually and will lose relevance, and people will continue the drudgeries anew. Not to allow that rest of one turned into torture for others - here our task and the main result of a summer season on the Alluvium", - the chairman of the constant commission on questions of architecture, construction and regulation of the land relations, the deputy of city council Vadim Merikov declared.
On postdock he reported that the draft decision which is planned to consider at the closest session of city council will be result of work of the commission on the matter.