Who should set the bins at the porches. Good intentions ... Or how the installation of an urn at the entrance led to scandal
The famous designer Artemy Lebedev wrote a blog about what the desire to bring benefits to his neighbors leads to. Unfortunately, the story 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 read it and teach it them, if you do not take personal part in the improvement of your home and yard, then at least with gratitude and respect to relate to other people's work.
Soon, the urn was dismantled - it was removed, as if it were city property, all that was left of the urn was four holes from the anchorage with which it was fixed ... The house healed again with its life ...
Cheerful Artemy Lebedev writes that this story, first of all, taught him the following:
"1. It will be necessary to reduce the area of \u200b\u200bthe hole in which garbage can be inserted in the urns intended for installation near residential buildings so that a bottle passes, but a bag of garbage does not crawl through.
2. It will be necessary to replace the metal door in the staircase with a glass one. I already ordered the drawings of my building in the archive in order to be as close as possible to the historical version of the door. Perhaps this will improve the neighbors a bit.
3. It will be necessary to develop a narrow urn for small garbage - larger than for bulls, but smaller than for household waste. ”
In general, the design says the following:
“I take this calmly because I know that you should never wait for gratitude from anyone, but many naive people, having not found sympathy, merge,” says Artemy.
to the decision of the Government
Moscow
february 14, 2006N 94-pp
MANDATORY REQUIREMENTS
BY PUT ORDER OF ACCESSES OF RESIDENTIAL HOUSES
AND IMPROVEMENT OF YARD TERRITORIES
I. Arrangement of entrances
II. Land improvement
1. The condition of the coatings.
1.1. The existing coverage of the roadway of the courtyard, sidewalks and pavement (asphalt concrete, tiled, gravel crumbs, etc.) must be repaired and not have potholes. Well hatches (grilles) should be on a level with the carriageway. The side stone should not be understated, have chips, damage.
1.2. The vertical layout of the coatings should ensure the flow of surface water, not to allow flooding of territories.
1.3. A network of footpaths should be organized in such a way as to provide convenient shortest approaches to the objects of urban infrastructure, as well as to sports, children's playgrounds, recreation areas, and economic areas. It is mandatory to ensure smooth coupling of coating levels for the unimpeded movement of people with limited mobility.
2. The state of green spaces.
2.1. Green spaces should have a well-groomed decorative appearance, 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 procedure, stumps must be uprooted. In addition, trees are removed regardless of their condition, planted closer than 5 m from the windows of houses and reduce the insolation of residential buildings.
2.3. New landings are carried out only on projects; landing in the security zone of engineering communications is not allowed.
2.4. Disturbed lawns should be restored by replanting lawn grass in damaged areas, overhaul or maintenance. During repair, the use of non-certified soil is not allowed.
2.5. In recreational areas, in recreational areas, it is advisable to arrange repair flower beds, vertical flower decoration, and the use of perennial flower crops. Lost decorative seedlings should be replaced in a timely manner.
2.6. Existing lawn fencing must be repaired and painted.
3. The condition of the elements of the facades of buildings and structures.
3.1. Facades of buildings, engineering services, fixed fences should 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. On buildings with facades facing the streets, flag holders should be installed.
4. The status of gaming, sports and business facilities.
4.1. Playgrounds should be equipped with small architectural forms for groups of children and adolescents of different ages. The existing small architectural forms should be put in order, repaired, painted.
4.2. Sites for rest of the older generation should be arranged with the installation of benches on the sites and along pedestrian walkways.
4.3. If there is a sports ground in the courtyard, it is necessary to put in order fences, cover, installed equipment and ensure that they are in good condition.
4.4. The existing small forms of decorative purposes, landscape design elements (fountains, trellises, alpine hills, decorative walls, etc.) must be kept in good condition.
4.5. Sites for containers for household waste and storage bins for bulky waste should be equipped in accordance with applicable regulations, have a hard surface (asphalt or concrete) and a fence. Containers and bins must be in good condition, painted and marked.
4.6. If possible, special areas (places) for dog walking should be arranged within the microdistrict.
5. Equipment for storage facilities for vehicles.
5.1. Places for temporary placement of cars (parking pockets) should be equipped.
5.2. Placement of metal awnings should be streamlined. It is not allowed to install tents on lawns, children's and sports grounds, the roadway of intra-quarter driveways and courtyards, parking pockets.
6. Outdoor lighting.
Outdoor lighting of courtyards and porches should provide standard indicators and function in the dark. Outdoor lighting devices must be repaired.
7. Garbage collection bins are installed at each entrance to the entrance of a residential building, in playgrounds and recreation areas, in yards at a distance of up to 100 m from one another.
8. The improvement of the territories of new buildings should be carried out taking into account the requirements of this annex. Payment for landscaping of new buildings should be made only after the implementation of the whole range of landscaping measures that was provided for by the project.
Where do the heavy metal boxes from the porches go
City improvement consists of little things. And in the literal sense: Muscovites began to complain about the lack of ballot boxes in the city. More than one hundred complaints have already been submitted to the well-known city portal. Some of them have a clear fantastic connotation: garbage cans appear at the entrances for a couple of months, and then disappear. "MK" figured out who is responsible for the bins in Moscow yards and whether they are needed at all near our entrances.
Near the porches there are no ballot boxes at all! A huge number of people walk past the house to the metro and back. There is nowhere to throw garbage. Throw just to the ground! - complains a resident of the house on the street Marshal Vasilevsky Natalia Emelyanova.
And there are dozens of such messages about garbage where there should be a garbage can. Moreover, urns have a sad tendency to disappear. For example, Denis Pavlov, a resident of the house on Volgogradsky Prospekt, complains that the urn near the house disappeared because it was not concreted. The same thing happens on Dobrolyubov Street, on Leninsky Prospekt (“At the moment, only one of the six entrances has an urn. It is not surprising that it is always crowded and garbage is scattered around”), on Rogova Street in Schukin (“Our garbage was again deprived of our entrance! ») And on many other streets.
At first glance, it seems that the urns in the capital began to disappear en masse. However, the municipal deputies interviewed by MK said that there was no citywide program for the elimination of ballot boxes. As explained by MK, the municipal deputy of the Zyuzino district, Konstantin Jankauskas, for the local area and urns, the State Budgetary Institution “Housing” of the districts is responsible.
If the ballot box disappeared at the entrance, then the resident needs to contact this organization or the district council and ask her to return, ”the mundep explained. - Why do ballot boxes disappear? Either they served their term, or someone dragged them away. They are sometimes stolen as an alternative smoking area.
By the way, the urn, the simplest, costs about 800 rubles. Who and why decided to cut down or dig out a regular piece of iron (even instead of an ashtray) is a big question.
Every year, an address list of amenities is formed in each district, ”says Jankauskas. - If the yard got into this program, then there, among other things, they can install an urn at the entrance, on the playground and in another territory. This list is formed by law on the basis of appeals of residents, municipal deputies, acts of the OATI and on the basis of rounds of the territory carried out by the government. If there are no clear appeals, then, as a rule, the project may not be what residents need.
In practice, the situation is slightly different. Residents can write such appeals for several years, ask to install at least artificial cover on the playground, at least 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 for coordinating the improvement addresses opaque. This seems to be true, since on the same city portal some of the relatively old complaints in certain areas (for example, Kuzminki) remained unanswered.
Butyrsky became the leader in appeals among the districts. True, most of them are written by the same user ...
According to a recent detour (the last one was on Saturday, November 3, with representatives of the council and the Zhilishnik State Budgetary Institution), in several courtyards the installation of such requests led to the fact that the ballot boxes were placed near the porches and “ate” one parking space ... - told "MK" the municipal deputy of the Butyrsky district Marina Denezhkina.
With a shortage of parking in the courtyards of Moscow - this is a real problem. You can carry a sci-fi in your pocket, but you won’t put the car in your pocket ... "Have they done their good thing with their bins or not?" - the municipal deputy asks a rhetorical question. “They” are most likely people from the “Housing”. Perhaps the answer will be given by Moscow Government Resolution No. 1018 from 1999. To quote him: “At each entrance of residential buildings ... urns should be installed. The urns 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 visits to the population, on other streets, in yards, parks, gardens and other territories - at a distance of up to 100 m. ”
Apparently, in order to withstand the required distance of 100 meters at the porches, our communal workers set up ballot boxes wherever possible or not at all. But then they violate paragraph number one ...
By the way, Marina Denezhkina raised an old sore question: “In general, do we need urns at every entrance?”
The ballot box can stand at a playground, - the deputy considers. - Near the entrance, she is not needed. First, we then protect the entrance itself from negative acts called terrorist acts. Secondly, nobody walks to the porch in a residential building.
The story of urns and terrorism is really relevant. However, Moscow, it seems, has not yet decided: does it want cleanliness near every house or not?
If our city develops along the path of separate collection of garbage, then a separate urn at the entrance is clearly not a means of achieving this goal, ”says urbanist Petr Ivanov. - And then it needs to be removed, because they can throw anything there. Even household garbage, if imperfect waste chutes have this. In many houses, the garbage chin does not open so wide as to put a bag of garbage into it. And it’s easier to really exit the porch and throw your good into the urn. This is a matter of game rules. If we play a separate collection, then we remove the bins and create waste bins for this. Everything rests on urban politics.
By the way, the capital is now trying to fight on two fronts: as if for separate collection and ecology, but the ballot boxes are still our everything ... Meanwhile, in addition to separate waste collection projects in Moscow, transparent containers from the net appear to collect empty plastic bottles. In particular, such containers were noticed in the yards on the Warsaw highway by residents of the Chertanovo Central district.
HOW DO THEM?
After a series of terrorist attacks of the 1990s, the Paris authorities decided to abandon closed garbage bins in favor of transparent bags on mounts. This option of garbage collection allows you to quickly respond to suspicious objects, although local residents immediately noticed that garbage bags disfigure the streets of the city. However, the practice took root - from Paris, such bags also migrated to Italy and Malta.
After the attacks of the 2010s, the French authorities for some time discussed the possibility of installing special heavy-duty ballot boxes that would hold the force of the explosion inside. However, such an idea is very expensive, it has not yet received distribution.
DECISION
by complaint
in the case of an administrative offense
Judge of the Central District Court. Togliatti, Samara Region - Onuchina I.G.,
with the participation of the representative of Management Company No. LLC of the city of Togliatti - MV Khopryachkova, acting on the basis of a power of attorney dated 11/12/2015. valid until 11/12/2016,
representative of the Administrative Commission Tolyatti V. Melnikov, who submitted the power of attorney from DD.MM.YYYY. valid until 12/31/2016,
having examined in open court the complaint of the representative of LLC "Management Company No." of the city of Togliatti against the decision of the Administrative Commission of the city of Togliatti from DD.MM.YYYY on the imposition of an administrative penalty in case No.,
INSTALLED:
By the decision of the Administrative Commission of the city of Togliatti from DD.MM.YYYY, the legal entity OOO Management Company No. of the city of Togliatti was found guilty of an administrative offense under Article 10.4 of No. No. DG from DD.MM.YYYY About administrative offenses in the territory ”, and he was assigned an administrative penalty in the form of an administrative fine in the amount of 5000 rubles.
In the appeal, the representative of LLC Management Company No. Tolyatti asks to cancel the said decision of the Administrative Commission of the city of Tolyatti and to terminate the proceedings due to the absence of an administrative offense in the actions of the legal entity on the following grounds: LLC Management Company No. ”of the city of Togliatti, on the basis of the decision, was found guilty of violating the provisions of part 1 of article 10. "On administrative offenses in the territory", clause 3.22 of the "Rules for the improvement of the territory of the city of Togliatti", approved by the decree of the city hall of the city of Togliatti from DD.MM.YYYY No.-p / 1, since the decision states that the Company does not set ballot boxes near each entrance of an apartment building. Clause 3.22 of the "Rules for the improvement of the territory of the city of Togliatti" establishes that in all squares and streets, in gardens and parks, in stadiums, markets, urban transport stops, at enterprises, organizations, consumer market objects and services, shops, movie theaters, cultural and entertainment facilities, stalls (regardless of ownership), ballot boxes should be installed. Cleaning and installation of ballot boxes should be carried out in accordance with applicable standards (SanPiN 42-128-4690-88 "Sanitary rules for the maintenance of territories of populated areas"). The installation, maintenance and repair of ballot boxes is carried out by their owners, tenants. An urn must be installed at each entrance of an apartment building. The actions of LLC “Management Company No.” of the city of Togliatti do not contain the composition of an administrative offense imputed to him, provided for by part 1 of article 10. No.-DG from DD.MM.YYYY “On Administrative Offenses in the Territory”, since clause 3.22 of the “Rules for Improvement of the Territory of the city of Togliatti” is not provided for and the management company is not obligated 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 the city of Tolyatti, is obliged to provide only cleaning bins, and not their installation. The specified norm is not subject to extensive interpretation. Resolution of the Administrative Commission No. DD.MM.YYYY is based on an erroneous understanding of Clause 3.22 of Section 3 of the Rules for the Improvement of the Territory of the city of Togliatti, approved by resolution of the City Hall of Togliatti from DD.MM.YYYY No.-p / 1. From a literal interpretation of the above paragraph of the Rules for the improvement of the territory of the city of Tolyatti it follows that the management company is entrusted with cleaning the bins, and not their installation. Based on the foregoing, LLC “Management Company No.”, the city of Togliatti, considers that the decision of the administrative commission in the case of an administrative offense is unreasonable, since when considering the case on the merits, the administrative commission did not take into account that the applicant is not the subject of the offense, and therefore not may be held administratively liable.
At the hearing, the representative of LLC "Management company №" Mr. Togliatti M. Khopryachkova explained that she fully supported 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." of the city of Togliatti under Article 10.4 of Part No.-DG from DD.MM YYYYY “On Administrative Offenses in the Territory” to cancel, and terminate the proceedings due to the absence of an administrative offense in the actions of a legal entity.
Representative of the Administrative Commission of the city of Togliatti V. Melnikov He explained to the court that the case of an administrative offense against the legal entity LLC Management Company No. of the city of Tolyatti was opened following an audit of the federal legislation of the Russian Federation on the provision of housing and communal services to citizens, during which it was established that the LLC “Management company No.” of the city of Togliatti there are violations of the rules and norms of the operation of the housing stock in the Russian Federation, as well as the Rules for the improvement of the territory of the city of Togliatti, and other evidence available in the case file and in particular the photographic material, according to which there is no housing near the entrances ballot boxes, the installation of which is to organize the "Management Company number» g.o.Tolyatti. He believes that the guilt of the legal entity is fully proven, it is prosecuted reasonably, the penalty imposed is proportionate to the deed, and therefore there are no grounds for canceling the decision. At the same time, he clarified that the decisions of the Central District Court of 08/26/2015, of September 16, 2015, of September 24, 2015, which the applicant appended to the complaint as confirmation of the validity of his arguments, were for the most part reversed in the appeal court 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 “Management Company No.” of the city of Togliatti, the representative of the Administrative Commission of the city of Togliatti, having examined the submitted case materials, the court comes to the following conclusions.
Article 10.4 of Part No. GD of DD.MM.YYYY “On Administrative Violations in the Territory” stipulates administrative responsibility for failure to comply with a normative legal act adopted by a local government and / or 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 case materials that during the verification of compliance with the federal legislation of the Russian Federation on the provision of housing and communal services to citizens of DD.MM.YYYY at 14 hours 12 minutes at:, verification of compliance with the requirements of housing legislation was conducted. In the course of the audit, it was established that there are violations of the rules and standards for the operation of the housing stock in the Russian Federation, as well as the Rules for the Improvement of Territories of the City of Tolyatti, in the activities of Management Company No. LLC of the city of Tolyatti, since ballot boxes were not installed near the entrances paragraph 3.22 of the Rules for the improvement of the territory of the city of Togliatti, approved by the Decree of the city hall of the city of Togliatti from DD.MM.YYYY No.-p / 1 and the Resolution of the city hall 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 the City of Togliatti", approved by the decree of the City Hall of the city of Togliatti from DD.MM.YYYY No.-p / 1, provides that an urn should be installed at each entrance of an apartment building. The cleaning of bins is provided by managing organizations independently or by concluding an agreement with a specialized organization.
From the case materials submitted to the court it follows that by a decision of the Administrative Commission of the city of Togliatti from DD.MM.YYYY LLC “Management Company No.” of the city of Togliatti 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 of the “Rules for Improvement of the Territory of the city of Togliatti”, in particular due to the fact that LLC “Management Company No.” of the Tolyatti at:, did not organize the installation of ballot boxes at the entrances of an apartment building. This fact is confirmed by: the specified decision on the imposition of administrative punishment in the case No. of DD.MM.YYYY; the protocol on an administrative offense of 01/18/2016; photographs, according to which there are no ballot boxes near the entrances of the residential building; minutes of the meeting of the administrative commission Tolyatti.
Under these circumstances, the court considers that the Administrative Commission of the city of Togliatti correctly established the guilt of LLC “Management Company No.” of the city of Togliatti for an administrative offense under Part 1 of Article 10. from DD.MM.YYYY No.-GD “On Administrative Offenses in the Territory”, since LLC “Management Company No.” of Togliatti at: did not organize the installation of ballot boxes at the entrances of the apartment building.
Based on the above arguments, the complaint of the representative of LLC “Management Company No.” of Togliatti City Government that there is no administrative offense in the actions of the Company due to the fact that paragraph 3.22 of the Territory Management Laws of Togliatti City Territory is not provided for and is not assigned to the management company has the obligation to install ballot boxes at each entrance of an apartment building, and also that the legal entity is not the subject of the specified offense, the court considers insolvent on the following grounds:
I DECIDED:
The decision of the Administrative Commission of the city of Togliatti No. from DD.MM.YYYY, on the basis of which the legal entity LLC Management Company No. of the city of Togliatti was found guilty of an administrative offense under Article 10.4 of Part No. DG of DD .MM.YYYY “On Administrative Offenses in the Territory”, with the imposition of an administrative penalty of an administrative fine of 5,000 rubles, shall be left unchanged, and the complaint of the representative of Management Company No. LLC of the city of Togliatti M. Khopryachkova M.V. 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 garbage bins
1. In public areas (including squares and streets, public transport stops, in gardens, parks, beaches, markets and fairs, marinas) at each entrance of an apartment building, near a kiosk, at the entrance to a shopping facility ( including a store, a supermarket, a shopping center), an administrative and public building (including a theater (concert hall) building, a cinema, a nightclub, a train station and an airport, a credit institution, a building for catering, consumer services), in x areas (sites) with the massive presence of people must be installed litter bins.
2. In parks, squares, gardens, on boulevards and squares, litter bins are installed near each bench (bench, landscape gardening couch), and if they are absent, along pedestrian walkways.
3. On beaches, litter bins are installed near the beach fence, as well as near changing cabins and other beach facilities.
4. If there are several entrances to the trade object, administrative and public building, each entrance shall be equipped with garbage bins.
5. At public transport stops and at the entrances to shopping facilities, garbage bins are installed in an amount of at least two. In the parks, garbage bins should be placed at the rate of one garbage bin per 800 square meters of the park. On the beaches, litter bins should be installed at the rate of at least one ballot box per 1600 square meters of beach area. In markets and fairs, when determining the number of litter bins, it should be assumed that for every 50 square meters of the market area, at least one litter bin is installed, and the distance between them along the line of trading 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 the market area and install them along the line of trading counters, while the distance between them should not exceed 20 meters.
6. Street litter bins are installed at a distance:
1) no more than 40 meters from each other on busy streets, the main avenues of parks;
2) no more than 50 meters from each other on the beaches, territories of organizations engaged in medical activities;
3) no more than 100 meters from each other for other territories (objects) with a mass stay of people, with the exception of markets.
7. The installation of street garbage cans is carried out:
1) in public areas (with the exception of adjacent territories, in respect of which agreements have been concluded on the improvement of the adjacent territory) - specialized organizations on the basis of agreements and municipal contracts concluded with the city administration of Irkutsk;
2) on the beach - the organizer of the beach (an organization or individual entrepreneur having the right to use the water body and the right to a land plot adjacent to the water body, or the administration of the city of Irkutsk, who organized public bathing in the corresponding area of \u200b\u200bthe water body and land, ) or a person authorized by them under an agreement (municipal contract);
3) at the entrances of an apartment building - persons responsible for the maintenance of common property in an apartment building;
4) near the kiosk, at the entrance to the commercial facility, administrative and public building, on the territory of the market, fairs, marinas, in other territories (facilities) with a mass stay of people other than residential buildings - legal entities, individual entrepreneurs, owned, leased or in other property law or in the management of which these territories (objects) are located.