Who should install the trash cans at the entrances. Good intentions ... Or how the installation of a trash can at the entrance led to a scandal
The famous designer Artemy Lebedev wrote a blog about what the desire to benefit your neighbors leads to. Unfortunately, the history of the famous designer is as old as the world - the neighbors did not appreciate the good deeds done for them, and as a result, the desire to make the life of their yard more comfortable and civilized turned into a real conflict ... We hope that this story will serve as a lesson for those who will read and teach it them, if you do not take personal part in the improvement of your home and yard, then at least treat other people's work with gratitude and respect.
Soon the urn was dismantled - it was removed, as if it were really city property, all that was left of the urn were four holes from the anchors with which it was fixed ... The house began to live its life again ...
Cheerful Artemy Lebedev writes that this story, first of all, taught him the following:
"1. It will be necessary at the urns intended for installation next to residential buildings, to reduce the area of the hole through which you can push the debris so that the bottle can pass, but the bag with debris does not go through.
2. It will be necessary to replace the metal door in the staircase with a glass one. I have already ordered drawings of my building from the archive in order to be as close as possible to the historical version of the door. Perhaps it will improve the neighbors a little.
3. It will be necessary to develop a narrow bin for small waste - larger than for bulls, but smaller than for household waste. "
In general, design says the following:
“I’m calm about this, because I know that you should never expect gratitude from anyone, but many naive, not finding sympathy, merge,” says Artemy.
to the government decree
Moscow
of February 14, 2006 N 94-PP
MANDATORY REQUIREMENTS
IN ORDER OF RESIDENTIAL HOUSES ENTRANCE
AND IMPROVEMENT OF YARD TERRITORIES
I. Tidying up the entrances
II. Improvement of yard areas
1. Condition of coatings.
1.1. The existing surface of the carriageway of the courtyard, sidewalks and blind area (asphalt concrete, slab, gravel, etc.) must be repaired and not have potholes. Well hatches (gratings) must be level with the carriageway. The side stone should not be underestimated, have chips, destruction.
1.2. Vertical layout coatings must ensure the runoff of surface waters, prevent flooding of territories.
1.3. The network of pedestrian paths should be organized in such a way as to provide convenient shortest approaches to urban infrastructure facilities, as well as to sports, playgrounds, recreation areas, utility sites. V mandatory provides a smooth interface of the levels of coverage for the unimpeded movement of low-mobility groups of the population.
2. Condition of green spaces.
2.1. Green spaces should have a well-groomed decorative look, all measures for their maintenance are carried out in accordance with the technological maps of the work.
2.2. Trees and shrubs in unsatisfactory condition must be removed in accordance with the existing order, stumps must be uprooted. In addition, trees are removed regardless of their condition, planted closer than 5 m from the windows of houses and reducing the insolation of residential buildings.
2.3. New landings are made only according to projects, landing in the security zone of engineering communications is not allowed.
2.4. Disturbed lawns should be restored by overseeding the lawn grass in the damaged areas, carrying out major or current repairs. When repairing, the use of uncertified soil is not allowed.
2.5. In places of rest, in recreational areas, it is advisable to arrange remontant flower beds, vertical flower arrangements, and the use of perennial flower crops. Seedlings that have lost their decorative appearance should be replaced in a timely manner.
2.6. Existing decorative lawn fences should be repaired and painted.
3. Condition of elements of facades of buildings and structures.
3.1. Facades of buildings, engineering services, fixed fences must be in good condition.
3.2. Structural elements of buildings (pits, entrances to basements and garbage chambers, drainpipes, balconies, etc.) must be repaired.
3.3. House signs and street signs must be installed in accordance with current regulations.
3.4. Flag holders should be installed on buildings with facades facing the streets.
4. Condition of play, sports and economic grounds.
4.1. Playgrounds should be equipped with small architectural forms for different age groups of children and adolescents. The existing small architectural forms must be put in order, repaired, painted.
4.2. Recreation areas for the older generation should be provided with benches installed on the areas and along the footpaths.
4.3. If there is a sports ground in the courtyard, it is necessary to put in order the fences, coating, installed equipment and ensure their maintenance in good condition.
4.4. Available small forms for decorative purposes, landscape design elements (fountains, trellises, alpine slides, decorative walls, etc.) must be kept in good condition.
4.5. Household sites for containers for household waste and placement of storage bins for bulky waste must be equipped in accordance with current regulations, have a hard surface (asphalt or concrete) and a fence. Containers and bins must be in good condition, painted and labeled.
4.6. Within the microdistrict, if possible, it is necessary to arrange special areas (places) for walking dogs.
5. Equipment of storage areas for vehicles.
5.1. Places for temporary placement of cars (parking pockets) must be equipped.
5.2. The placement of metal awnings must be in order. It is not allowed to install awnings on lawns, playgrounds and sports grounds, the carriageway of intra-quarter driveways and courtyards, parking pockets.
6. Outdoor lighting.
Outdoor lighting of courtyards and entrances should provide standard indicators and function at night. Outdoor lighting devices must be repaired.
7. Garbage bins are installed at each entrance to the entrance of a residential building, at playgrounds and recreation areas, in yards at a distance of up to 100 m from one another.
8. Improvement of the territories of newly built houses must be carried out taking into account the requirements of this appendix. Payment for the improvement of the territories of newly built houses should be made only after the implementation of the entire range of measures for the improvement, which was provided for by the project.
Where do the heavy metal boxes from the entrances go?
The improvement of the city is made up of little things. And in the literal sense: Muscovites began to complain about the lack of trash bins in the city. More than a hundred complaints have already been filed against the well-known city portal. Some of them have an obvious fantastic connotation: garbage bins appear at the entrances for a couple of months, and then disappear. "MK" figured out who is responsible for the trash cans in Moscow courtyards and whether they are generally needed near our entrances.
There are no trash bins near the entrances at all! A huge number of people walk past the house to the metro and back. There is nowhere to throw garbage. They just throw it on the ground! - complains a resident of the house on Marshal Vasilevsky Street Natalya Emelyanova.
And there are dozens of such messages about garbage where the garbage can should be. Moreover, urns have a sad tendency to disappear. For example, Denis Pavlov, a resident of a house on Volgogradsky Prospekt, complains that the ballot box near the house has disappeared because it was not concreted. The same thing happens on Dobrolyubov Street, on Leninsky Prospekt (“At the moment, out of six entrances, the trash can only has one. It’s not surprising that it is always full and garbage is scattered around”), on Rogova Street in Shchukin (“Our entrance was again deprived of the trash bin! ») And many other streets.
At first glance, it seems that trash cans in the capital began to disappear en masse. However, municipal deputies interviewed by "MK" said that there is no citywide program to eliminate waste bins. As explained to "MK" the municipal deputy of the Zyuzino district Konstantin Yankauskas, for adjoining territory and urns like her is the responsibility of the State Budgetary Institution "Zhilischnik" of the districts.
If the ballot box has disappeared at the entrance, then the resident needs to contact this organization or the district council and ask to return it, - explained the mundep. - Why do urns disappear? Either they have served their time, or someone has taken them away. They are sometimes stolen as an alternative smoking area.
By the way, the ballot box, the simplest one, costs about 800 rubles. Who and why decided to cut down or dig up an ordinary piece of iron (even instead of an ashtray) is a big question.
Every year, an address list of improvement is formed in each district, - says Jankauskas. - If the yard is included in this program, then, among other things, they can install a trash can at the entrance, on the playground and on another territory. According to the law, this list is formed on the basis of applications from residents, municipal deputies, acts of OATI and on the basis of bypasses of the territory, which are carried out by the government. If there are no clear messages, then, as a rule, the project may not have what the residents need.
In practice, the situation is slightly different. Residents can write such appeals for several years, ask to install at least an artificial turf on the playground, even the same ballot box, but receive the same answer from the council: the list was agreed upon, your appeal was not included. Municipal deputies call the system of approving the addresses of the improvement non-transparent. This seems to be true, since on the same city portal part of the relatively old complaints about certain areas (for example, about Kuzminki) remained unanswered.
Butyrsky became the leader in terms of appeals among the districts. True, most of them were written by the same user ...
According to a recent round (the last was on Saturday, November 3, with representatives of the council and the State Budgetary Institution "Zhilischnik"), in several yards, installation on such requests led to the fact that ballot boxes were placed near the entrances and "ate" one parking space... - Marina Denezhkina, the municipal deputy of the Butyrsky district, told MK.
With a shortage of parking lots in the courtyards of Moscow, this is a real problem. You can wear a wrapper in your pocket, but you can't put a car in your pocket ... "Did they do good with their urns or not?" - the municipal deputy asks a rhetorical question. "They" are most likely people from Zhilishnik. Perhaps the answer will be given by the decree of the Moscow government # 1018 as early as 1999. Let's quote him: “At each entrance of residential buildings ... trash cans should be installed. Litter-bins are installed at a distance of 50 m from one another on the streets of the first category, markets, train stations and other places of mass attendance of the population, on other streets, in yards, parks, gardens and in other areas - at a distance of up to 100 m. "
Apparently, in order to maintain the prescribed distance of 100 meters at the entrances, our utilities put litter bins wherever possible or not at all. But then they violate point number one ...
By the way, Marina Denezhkina raised an old painful question: "Do you need litter bins at every entrance?"
The urn can stand at the playground, the deputy said. - It is not needed near the entrance. First, we then protect the entrance itself from negative acts, which are called terrorist. Secondly, no one goes to smoke at the entrance to the apartment building.
The story of urns and terrorism is really relevant. However, Moscow, it seems, has not yet decided whether it wants cleanliness near every house or not?
If our city is developing along the path of separate waste collection, then a separate trash can at the entrance is clearly not a means to achieve this goal, says urbanist Pyotr Ivanov. - And then it must be removed, because anything can be thrown there. Even household waste, if imperfect chutes have it. In many homes, the chute does not open wide enough to fit a bag of rubbish. And it's easier to actually leave the entrance and throw your goods into the trash can. It's a matter of the rules of the game. If we are playing separate collection, then we remove waste bins and create waste bins for this. It all comes down to urban politics.
By the way, the capital is now trying to fight on two fronts: we are, as it were, for separate collection and ecology, but bins are still ours ... Meanwhile, in Moscow, in addition to projects for separate waste collection, transparent mesh containers appear for collecting empty plastic bottles. In particular, such containers were noticed in the courtyards on Varshavskoe highway by residents of the Chertanovo Tsentralnoye district.
AND HOW DO THEM?
After a series of terrorist attacks in the 1990s, the Paris authorities decided to abandon closed trash cans in favor of transparent bags on fasteners. This garbage collection option allows you to quickly react to suspicious objects, although local residents immediately noticed that garbage bags disfigure the city streets. However, the practice took root - from Paris, such sacks also migrated to Italy and Malta.
After the terrorist attacks of the 2010s, the French authorities for some time discussed the possibility of installing special heavy-duty bins that would keep the force of the explosion inside. However, this idea is very expensive, it has not yet received distribution.
SOLUTION
on a complaint against a ruling
in the case of an administrative offense
Judge of the Central District Court of Togliatti, Samara Region - I.G. Onuchina,
with the participation of a representative of LLC "Management Company No." of Togliatti - Khopryachkova M.V., acting on the basis of a power of attorney dated 12.11.2015. valid until 11/12/2016,
representative of the Administrative Commission of Mr. Togliatti Melnikova V.S., who submitted a power of attorney from DD.MM.YYYY. valid until 12/31/2016,
Having considered in open court the complaint of the representative of LLC "Management Company No." G.O. Togliatti against the decision of the Administrative Commission of G.O. Togliatti from DD.MM.YYYY on the appointment of an administrative penalty in case No.,
INSTALLED:
By the decision of the Administrative Commission of Togliatti from DD.MM.YYYY, the legal entity LLC "Managing Company No." On administrative offenses in the territory ", and he was sentenced to an administrative penalty in the form administrative fine in the amount of 5,000 rubles.
In the appeal, the representative of OOO Managing Company No. Togliatti asks to cancel the said decision of the Administrative Commission of Togliatti and terminate the proceedings due to the absence of an administrative offense in the actions of the legal entity on the following grounds: OOO Managing Company № "g.o. Togliatti on the basis of the decision was found guilty of violating the provisions of Part 1 of Article 10. "On Administrative Offenses on the Territory", Clause 3.22 of the "Rules for Improvement of the Territory of Togliatti", approved by the resolution of the City Hall of Togliatti from DD.MM.YYYY No. installed litter bins near each entrance of an apartment building. Clause 3.22 of the "Rules for the improvement of the territory of Togliatti" establishes that in all squares and streets, in squares and parks, at stadiums, markets, public transport stops, at enterprises, organizations, objects of the consumer market and services, shops, cinemas, cultural and entertainment facilities, kiosks (regardless of ownership), ballot boxes should be installed. Cleaning and installation of ballot boxes must be carried out in accordance with applicable standards (SanPiN 42-128-4690-88 " Sanitary rules maintenance of territories of populated areas "). Installation, maintenance and repair of ballot boxes is carried out by their owners, tenants. A trash bin must be installed at each entrance of an apartment building. The actions of LLC "Managing Company No." of Togliatti do not contain the composition of the administrative offense imputed to him, provided for in Part 1 of Article 10. No.-ГД from DD.MM.YYYY "On administrative offenses on the territory", since clause 3.22 "Rules for the improvement of the territory of Togliatti" is not provided for and the management company is not obliged to install ballot boxes at each entrance of an apartment building. According to part 3 of clause 3.22 of these rules, the management organization, which is LLC "Management Company No." of Togliatti, is obliged to provide only the cleaning of the trash cans, and not their installation. The specified norm is not subject to broad interpretation. The decision of the administrative commission No. from DD.MM.YYYY is based on a misunderstanding of clause 3.22 of section 3 of the Rules for the improvement of the territory of Togliatti, approved by the resolution of the City Hall of Togliatti from DD.MM.YYYY No.-p / 1. From the literal interpretation of the above paragraph of the Rules for the improvement of the territory of Togliatti, it follows that the management company is entrusted with cleaning the trash cans, and not installing them. Based on the foregoing, OOO Managing Company No. Togliatti considers that the decision of the Administrative Commission in the case of an administrative offense is unfounded, since when considering the case on the merits, the Administrative Commission did not take into account that the applicant was not the subject of the offense, and therefore did not can be brought to administrative responsibility.
At the hearing the representative of LLC "Managing Company No." g.about Togliatti Hopryachkova M.The. clarified that she fully supports the arguments of the complaint and requested the decision of the Administrative Commission of the city of Togliatti from DD.MM.YYYY in relation to LLC "Management Company No." YYYY "On Administrative Offenses in the Territory" to cancel, and to terminate the proceedings in the case due to the lack of an administrative offense in the actions of the legal entity.
V.S. Melnikov, representative of the Administrative Commission of Togliatti explained to the court that the case of an administrative offense against the legal entity LLC "Managing Company No." of Togliatti was initiated following the results of the audit federal legislation RF on the provision of housing and communal services to citizens, during which it was established that in the activities of LLC "Management Company No." of Togliatti there are violations of the rules and norms of operation housing stock in the Russian Federation, as well as the Rules for the improvement of the territory of Togliatti, and other evidence available in the case materials, in particular photographic material, according to which there are no ballot boxes near the entrances of the residential, the installation of which should be organized by LLC "Management Company No." of Togliatti. He believes that the guilt of the legal entity has been fully proven, it is reasonably prosecuted, the punishment imposed is proportionate to the deed, and therefore there are no grounds for canceling the decision. At the same time, he explained that the decisions of the Central District Court of August 26, 2015, of September 16, 2015, of September 24, 2015, which the applicant attached to the complaint as confirmation of the validity of his arguments, were mostly canceled in the appeal instance of the Samara Regional Court , about which there are decisions that he asks to attach to the case file and take into account when considering the complaint.
Having heard the representative of LLC "Managing Company No." of Togliatti, the representative of the Administrative Commission of Togliatti, having examined the submitted case materials, the court comes to the following conclusions.
Article 10.4 h. No.-ГД from DD.MM.YYYY "On administrative offenses in the territory" provides for administrative liability for failure to comply with the normative legal act adopted by body local government and (or) a local government official, except for the actions provided for in Articles DD.MM.YYYY, 4.11, 4.23 and 10.3 of this Law.
From the materials of the case it follows that in the course of checking compliance with the federal legislation of the Russian Federation on the provision of housing and communal services to citizens DD.MM.YYYY at 14 hours 12 minutes at the address:, an audit was carried out of the fulfillment of the requirements of the housing legislation. During the audit, it was found that in the activities of LLC "Managing Company No." of Togliatti there are violations of the rules and regulations for the operation of the housing stock in the Russian Federation, as well as the Rules for the improvement of the territories of the city of Togliatti, since no trash cans have been installed near the entrances of the apartment building in violation p. 3.22 of the Rules for the improvement of the territory of Togliatti, approved by the Resolution of the Mayor's Office of the city of Togliatti from DD.MM.YYYY No.-p / 1 and the Resolution of the Mayor's Office of the city of Togliatti from DD.MM.YYYY No.-P / 1 ...
Clause 3.22 of the "Rules for the improvement of the territory of Togliatti", approved by the resolution of the mayor's office of Togliatti from DD.MM.YYYY No.-p / 1, provides that an urn must be installed at each entrance of an apartment building. Bins are cleaned by management organizations independently or by concluding an agreement with a specialized organization.
From the materials of the case submitted to the court, it follows that by the decision of the Administrative Commission of Tolyatti from DD.MM.YYYY LLC "Managing Company No." Tolyatti was brought to administrative responsibility under Part 1 of Article 10. from DD.MM.YYYY No.-GD "On Administrative Offenses in the Territory" for violation of Clause 3.22 "Rules for Improvement of the Territory of Togliatti", namely due to the fact that LLC "Management Company No." Togliatti at:, did not organize work on the installation of ballot boxes at the entrances of an apartment building. This fact is confirmed by: the specified decision on the appointment of an administrative penalty in case No. from DD.MM.YYYY; the protocol on an administrative offense dated 01/18/2016; photographs, according to which there are no ballot boxes near the entrances of the dwelling; minutes of the meeting of the administrative commission of Mr. Tolyatti.
Under these circumstances, the court considers that the Administrative Commission of Togliatti correctly established the guilt of LLC "Managing Company No." of Togliatti in committing an administrative offense under Part 1 of Article 10. from DD.MM.YYYY No.-GD "On administrative offenses in the territory", since LLC "Managing company No." of Togliatti at the address:, did not organize work on the installation of ballot boxes at the entrances of an apartment building.
Based on the above, the arguments of the complaint of the representative of LLC "Managing Company No." of Togliatti that the actions of the Company do not contain an administrative offense in view of the fact that clause 3.22 of the Rules for the improvement of the territory of Togliatti is not provided for and is not entrusted to the management company, the obligation to install ballot boxes at each entrance of an apartment building, as well as that the legal entity is not the subject of the specified offense, the court considers insolvent on the following grounds:
DECIDED:
Resolution of the Administrative Commission of Togliatti No. from DD.MM.YYYY, on the basis of which the legal entity LLC "Management Company No." of Togliatti was found guilty of committing an administrative offense under Article 10.4 Part No. .MM.YYYY "On Administrative Offenses on the Territory", with the appointment of an administrative penalty in the form of an administrative fine in the amount of 5000 rubles, - to leave unchanged, and the complaint of the representative of LLC "Managing Company No." without satisfaction.
The decision can be appealed to the Samara Regional Court through the Central District Court within ten days from the date of receipt of its copy.
Article 41. Requirements for the installation of rubbish bins
1. On the territories common use(including in squares and streets, bus stops public transport, in gardens, parks, beaches, in the areas of markets and fairs, marinas) at each entrance of an apartment building, near a kiosk, at the entrance to a shopping facility (including a store, supermarket, shopping center), an administrative and public building (including including the building of the theater (concert hall), cinema, nightclub, train station and airport, credit institution, organization building Catering, consumer services), in other territories (objects) with a massive stay of people, garbage cans should be installed.
2. In parks, squares, gardens, on boulevards and squares, rubbish bins are installed near each bench (bench, garden and park sofa), and in their absence - along the footpaths.
3. On beaches, rubbish bins are installed near the beach fence, as well as near changing cabins and other beach facilities.
4. If there are several entrances to a shopping facility, administrative and public building, each entrance is equipped with rubbish bins.
5. At public transport stops and at the entrances to shopping facilities, garbage cans are installed in the amount of at least two. Garbage cans in parks should be placed at the rate of one garbage can per 800 square meters the area of the park. On beaches, litter bins must be installed at the rate of at least one waste bins per 1600 square meters of the beach area. In markets and fairs, when determining the number of waste bins, one should proceed from the fact that at least one waste bins are installed for every 50 square meters of market area, and the distance between them along the line of trade counters should not exceed 10 meters. When determining the number of waste bins with a capacity of up to 100 liters, one should proceed from the calculation: at least one per 200 square meters of market area and install them along the line of trade counters, while the distance between them should not exceed 20 meters.
6. Street waste bins are installed at a distance:
1) no more than 40 meters from each other on busy streets, main avenues of parks;
2) no more than 50 meters from each other on beaches, territories of organizations carrying out medical activities;
3) no more than 100 meters from each other for other territories (objects) with a mass presence of people, with the exception of markets.
7. Installation of street waste bins is carried out:
1) in common areas (with the exception of adjacent territories, in respect of which agreements on the improvement of the adjacent territory have been concluded) - specialized organizations on the basis of agreements and municipal contracts concluded with the administration of the city of Irkutsk;
2) on the beach - a beach organizer (an organization or an individual entrepreneur who has the right to use a water body and the right to a land plot adjacent to a water body, or the administration of the city of Irkutsk, which has organized a land plot mass recreation of the population associated with swimming) or a person authorized by them under an agreement (municipal contract);
3) at the entrances of an apartment building - persons responsible for the maintenance common property in an apartment building;
4) near a kiosk, at the entrance to a shopping facility, administrative and public building, on the territory of a market, fair, pier, in other territories (facilities) with a mass presence of people, except for residential buildings, - legal entities, individual entrepreneurs, in the ownership, lease or on other property rights or in the management of which these territories (objects) are located.