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英譯法規內容

法規名稱(Title) Tainan City Self-Government Ordinance for the Management of Vacant Land and Vacant Buildings Ch
公發布日(Date) 2012.06.27
法規沿革(Legislative) Promulgated on June 27, 2012.
法規內文(Content)

Article 1  This self-government ordinance is formulated by Tainan City (hereinafter referred to as “the City”) for the purposes of effectively managing vacant land and vacant buildings, improving environmental sanitation, maintaining the appearance of the city, raising the quality of the living environment, and rationally utilizing land.

 

Article 2  The Competent Authority of this self-government ordinance is Tainan City Government (hereinafter referred to as “the Government”). The division of authority and responsibility among relevant agencies of the Government is as follows:

1.Bureau of Civil Affairs: Guiding district offices in the conduct of matters concerning the management of vacant land and buildings.

2.Bureau of Environmental Protection: Conducting matters concerning environmental cleanup, disinfection, clearance of waste matter, and the imposition of penalties in respect of vacant land and buildings.   

3.Bureau of Health: Conducting matters concerning the prevention of infectious diseases and the imposition of penalties in respect of vacant land and buildings.

4.Bureau of Urban Development: Conducting matters concerning the drawing up of policies for the management of vacant land and buildings, and the carrying out of area announcements.

5.Bureau of Local Tax: Conducting matters concerning tax relief related to vacant land and vacant buildings.

6.District Offices: Conducting checks of vacant land and buildings, registering and monitoring vacant land and buildings, investigating and reporting violations concerning vacant land and buildings, giving guidance on opening vacant land and buildings for public use, and administering the adoption of vacant land and buildings.

7.Household Registration Offices: Providing household registration information.

8.Land Offices: Providing land registration information. 

 

Article 3  Terms used in this self-government ordinance are defined as follows:

1.Vacant land: Means land that has been left unused or left unattended, and unused land around buildings.

2.Vacant building: Means a building that has been abandoned, is not used by anyone, or is derelict after partial demolition.

 

Article 4  The owners, managers and users of vacant land and buildings shall bear the following obligations:

1.Must cut grass and weeds that are more than 100 centimeters in height.

2.Must clear away soil and dirt waste and other waste matter.

3.Must not place or store items that are detrimental to public safety or environmental sanitation, or otherwise impair the appearance of the City.

 

Article 5  To maintain public health, the owners, managers and users of  vacant land and buildings in the City shall initiate cleaning and clearing in accordance with notices and public announcements of the Government’s Bureau of Health.

                  When there is concern about sources of vector breeding or the occurrence of other causes of infectious disease, and the Government’s Bureau of Health considers that there is need to check vacant land and buildings in the City, then after first notifying the owners, managers or users, officials of the Bureau of Health, acting jointly with the police authorities or borough chief, shall directly enter the property to conduct investigation, and the owners, managers or users shall not evade, obstruct or refuse inspection.

                  When the occurrence of an infectious disease presents an urgent danger to people’s life, body or property, and the Government’s Bureau of Health considers that there is need to check vacant land and buildings in the City, then officials of the Bureau of Health, acting jointly with the police authorities or borough chief, may directly enter the property to conduct investigation or carry out disease prevention work, and shall not be subject to the requirement of prior notice as referred to in the preceding paragraph.

                  When a person suffers extraordinary loss to life, body or property caused by such investigation or carrying out of disease prevention work as referred to in the preceding paragraph, said person may request compensation for the loss. However, this shall not apply where responsibility for the cause of the loss can be attributed to said person.

 

Article 6  Vacant land in the City that is provided for use by a government agency shall for such period of free-of-charge use be exempt from the levy of land tax. 

                  Where a parking tower is provided for public use on a fee-collection basis, the house tax levied on it may be levied at the rate applicable to use for non-residential and non-business purposes.

                  To claim the tax benefit as referred to in the preceding paragraph, a claimant shall according to law apply for and receive approval from the City’s tax collection authority.

 

Article 7  District Offices shall encourage and assist the owners, managers or users of vacant land to open it for use as a temporary parking lot, for greenified landscaping, for use as a sports ground, or for other public benefit activities, to be provided for public use.

                  Where a site that has been opened as referred to in the preceding paragraph is illegally occupied, the District Office shall report it to the relevant authorities and request their assistance to deal with it.

 

Article 8  District Offices shall carry out checks of vacant land and buildings and compile a register for putting it under watch. Where there is a violation of the provisions of Article 4 or Article 5 Paragraphs 1 or 2, the District Office shall give notice of a time limit for rectification. Where rectification is not made within the time limit, the District Office shall, after making a record, taking photographs, and saving evidence, submit the case to the responsible authorities to deal with according to law.

 

Article 9  For a violation of the provisions of Article 4, where notice has been given to rectify within a time limit and the violation has not been rectified, the Government’s Bureau of Environmental Protection shall impose a fine of not less than NT$3,600 and not more than NT$30,000. Subsequent failures to rectify within time limits shall incur a further fine for each successive instance.

 

Article 10  For a violation of the provisions of Article 5 Paragraph1 or Paragraph 2, where notice has been given to rectify within a time limit and the violation has not been rectified, the Government’s Bureau of Health shall impose a fine of not less than NT$3,600 and not more than NT$30,000. Subsequent failures to rectify within time limits shall incur a further fine for each successive instance.

 

Article 11 The areas that are subject to the enforcement of this Self-Government Ordinance shall be publicly announced separately by the Competent Authority.

 

Article 12 This Self-Government Ordinance is effective from the date of promulgation.
圖表附件(Attachments)