January 2010

Friday, January 29, 2010

How Do You Become A Notary Public In Manitoba

Intervention Group Legal onlus

Dr. Claudia Basciu - Dr. Stefano Deliperi

tools of protection in cases of breach of town planning and building.

The development plan is a tool for implementation planning through which action can be taken for urbanization areas of the municipality for the General Plan or City Urban Planning for residential or productive, and is equivalent to a detailed plan (ie , the planning instrument through which implements the various plans, such as the General Plan, the Plan and the Inter-Program di Fabbricazione).

Mediante questo strumento l’iniziativa privata si integra nel processo di pianificazione urbanistica intervenendo su aree già urbanizzate o scarsamente urbanizzate.

Obiettivo principale del Piano di Lottizzazione è la razionalizzazione degli interventi sul territorio e l’integrazione con il contesto urbano (c.d. “urbanizzazione”) al fine di evitare sia l’attuazione di iniziative singole disorganiche senza realizzazione di opere pubbliche e servizi necessari ai nuovi insediamenti residenziali sia la realizzazione da parte della Pubblica Amministrazione dei servizi a posteriori, con aggravio degli oneri finanziari a carico della collettività.

To urbanize a portion of territory is necessary to provide services and equipment necessary to make it suitable for use and integrate the structure built properly in the context in which it is inserted.

Urbanization can be (L. 847/1964 - L. 865/1971):

- primary or technology: relates to the works that make it possible to build the soil and use of buildings (roads and passages needed for pedestrian access to buildings, parking areas and spaces for access and maneuvering, the network of services multiplexed, ie: sewer, water supply, public lighting, electricity, gas, the green areas near e a servizio delle abitazioni).

– secondaria o sociale o generale: concerne le opere che rendono possibile la vita nel quartiere (asili nido, scuole materne, scuole dell’obbligo; complessi per istruzione superiore; mercati di quartiere; delegazioni comunali; centri sociali e attrezzature culturali e sanitarie; aree verdi di quartiere; chiese ed altri edifici religiosi; impianti sportivi di quartiere).

Il Piano di Lottizzazione può essere:

- P.d.L. di iniziativa privata: il proprietario o i proprietari interessati presentano al Comune la domanda con la quale chiedono l’autorizzazione alla lottizzazione di terreno a scopo edilizio;

- P.d.L. public initiative: if the owners fail to reach an agreement to build a convention area, for which, moreover, are for a unitary system, the city administration will proceed to build office of a proposed development agreement.

The agreement represents a key document for the definition of an estate plan. It is the document which lays down the obligations and burdens that the owners are committed to support. In particular, the owners are committed to:

- give the City free the space needed for the primary infrastructure works and share of urban areas for secondary education;

- realize all the primary infrastructure works

- to achieve proportion of secondary infrastructure works;

- to make the connections to public services if existing.

The works should be completed before or simultaneously with the buildings.

Owners may pay the municipality an amount corresponding to the implementation of infrastructure works specified in the agreement.
variants.

may happen that, when implementing an estate plan, it proves the need to make the same changes, in which case it will give rise to a variant, for which it is necessary compliance with the requirements of Article. 28 National Planning Law (L. 17 August 1942 No 1150) and to which we apply the same procedures as for a normal PDL. Therefore, for changes to be brought to the development plan may apply the procedural provisions relating to the adoption and approval of the original Plan.

In this case, the City of Cilavegna to the deliberations No And No. 22, 29.4.1999 48, 28.9.1999 approved the modification to the development plan "Cilavegna East," approved by the City Council on 16 December 1991 and planning permission No 10/01, 26.6.2001 issued on the basis of these deliberations. The variant in question was presented Eng. John Massara, as designer and project manager of the estate plan "Cilavegna east, without the involvement of all the owners of the areas covered by the parcelling out, and was approved by the City Council on the basis of the perceived need to monetize standard per square meter. 1333.

Because, as explained, for approval of a variation to the development plan is expected that the procedural requirements for the original adoption of the PDL, of course, the City of Cilavegna should be communicated to all signatories of the Convention owners development agreement, not just the adoption of the Plan but also the subsequent provvedimenti di variante al Piano, come precisato dal T.A.R. Lombardia nella sentenza di annullamento delle deliberazioni comunali menzionate (T.A.R. Lombardia, 23 ottobre 2003 n. 5838). Tale orientamento giurisprudenziale pare, inoltre, supportato dalla recente sentenza del Consiglio di Stato, sez. IV, 27 giugno 2008 n. 3255 la quale, con riferimento al Piano Esecutivo Convenzionato (strumento urbanistico attuativo, che il Consiglio di Stato assimila sostanzialmente al Piano di Lottizzazione) ribadisce l’orientamento della stessa Sezione, chiarendo che “le convenzioni di lottizzazione hanno natura di accordi sostitutivi di provvedimento ai sensi dell’art. 11 della legge 7 agosto 1990, n. 241, e come tali non possono essere modificate without the involvement of all their original signatories (the same effect, however, see the State Council, sect. IV, 19 February 2008 No 534) and also stresses that the Convention defines as "an organic and unitary structure on area, resulting in the existence of an affiliated interest of all owners to speak on any variation, however and wherever it is put in place. (...) You do not want to say that the Convention can only be changed and only with the unanimous consensus of the signatories: however, it requires their prior involvement, and sorting tools to compose or arrange overcome any disagreements (see , on lottizzazioni, quanto previsto dagli ultimi due commi dell’art. 28 della legge 17 agosto 1942, n. 1150, come modificati dalla legge 6 agosto 1967, n. 765) ”.

Relativamente a tale questione, le azioni legali di carattere amministrativo e penale intraprese fino ad oggi, tra le quali l’esposto elaborato dal Gruppo d’Intervento Giuridico o.n.l.u.s., appaiono le più idonee a tutelare in modo efficace gli interessi dei privati coinvolti e della collettività (azioni finalizzate all’annullamento delle delibere attraverso le quali il Comune di Cilavegna ha provveduto ad adottare la variante al Piano di Lottizzazione). Pertanto, in questa sede, di seguito, chiariremo soltanto alcuni aspetti di natura civilistica through which we could extend the protection of the interests of the people involved.

The adoption of variations to the development plan agreement by the municipality of Cilavegna, without the involvement of all lottizzanti ie, without respecting the rules of procedure for the adoption of the PDL, and shall conform to the illegality justifies a possible claim for damages (art. 2043 Civil Code) by the people who originally signed the development agreement. Indeed, following the adoption of the variant in question, the area was originally used to carry out essential services for the community, is was subsequently allocated to the building, greatly damaging the quality of life of the owners of lots within the development plan, since the same had not given their consent for the implementation of that variant.

in order to make any claim for damages against the City of Cilavegna, note that in the presence of an unlawful act of the PA that has been put in place intentionally or recklessly, and that has caused unjustifiable damage - a direct consequence of the measure - the addressee is entitled to damages, even if the owner is not an individual right but a legal interest (other than a mere expectation) kept in mind that for the purposes of tort liability is irrelevant to the formal classification of the legal position vaunted by the subject, being carried out exclusively for the compensation of damages in relation to injustice. The relevant action, if not concern matters devolved, by law, to the exclusive jurisdiction of administrative courts is the jurisdiction of ordinary courts,

which may decide the application without waiting for the outcome of the proceedings for annulment of the act, competence of the administrative jurisdiction of legitimacy (in this sense, see the pronunciation of the United Sections of the Supreme Court: Cass. Civ. SU, 26 March - 26 July 1999 No 500).

illegal construction and violation of legal distances. The City of
Cilavegna, based on the deliberations of the City Council No And No. 22, 29.4.1999 48 of 28.9.1999 approving the variation to the development plan "Cilavegna East", approved planning permission No 10/01 26.6.2001, by which allowed owners of the new building lot No. 10 (originally intended to services) the construction of a house.

Moreover, the construction of the building used for residential purposes was the case with changes in essential and non-conformity of planning permission as verified by the City Council of Cilavegna, which with Ordinance No. 33/2002 ordered the demolition to the owners of the performed works, via E. Berlinguer corner of Via dei Mille, and the restoration of the status of
places within 90 days of notification of that order.

Subsequently, the sentence no 231, May 10, 2005 the Court ordered the defendants to Vigevano Valentino Crepaldi (in his capacity as president of the company Euro Plants Ltd holds the concession building and contracting of works), John Massara (as a designer and project manager), Luigi Giuffrida (owner of the company Builders Giuffrida performer of the works) for the offense under Article. 20 beds. a) Law 28 February 1985 No 47 (in relation to art. 8 of the Act and art. 1 LR Lombardia May 9, 1992 No. 19) replaced by Art .44 paragraph 1 letter. a) of Presidential Decree 380/2001) for the offense under Article. 20 letter a) of Act No 28 February 1985 47 (in relation to art. 12 of the Law, replaced by. 44 paragraph 1 letter a) of presidential decree No. 380/2001 for the construction of the works in an order for demolition No 33/2002 issued by the City of Cilavegna, and Crepaldi and Massara for crimes under Articles. 48, 110 and 480 cp because "through the false statement about the status of lots nos. 3, 5, 7 of the estate plan Conventions "Cilavegna est" (which were defined in the availability of possession Euroimpianti Company Ltd.) contained in the technical report attached to the project of "building house" presented to the City of Cilavegna, deceiving the Head of Service 4 Environment and Territory of the City of Cilavegna obtained from the same date in June 26, 2001 (based on false assumptions of the legality of the practice building above) the issue of planning permission No 10/2001.

The construction of the house took place also in violation of the distances and conditions laid down for construction on properties bordering on it (Article 873 Civil Code).

Here, the administrative and criminal nothing seems necessary to suggest in addition to experienced and effective legal action still pending, including the complaint prepared by non-profit Legal Intervention Group (actions for the investigation of any essential changes than had been approved by the City of Cilavegna with No 10/01, 26.6.2001 building permit, under Articles. L, 31 L and 32 L of Presidential Decree No. 380/2001 and subsequent modifications and integrations and the Lombardy regional law, and the establishment of any criminal extremes relevant, in particular under Articles. 20 of Law No. 47/1985 Presidential Decree No 380/2001 of 44 L, with the request of a possible seizure (art. 321 no. proc. pen.) with the aim to prevent further negative effects on protected land values).

In terms of the statutory land owners bordering may bring action for damages or action planned reduction in pristine distances in case of violation of law (Articles 872, 873 Civil Code), regardless of the outcome of the proceedings criminal and administrative proceedings.

In this regard, the possible granting of building amnesty by the City of Ci-lavegna, it would be irrelevant to a claim for damages or reduction in Pristina by the owner's neighbors.
In fact, as stated in the Court of Cassation (Cass. Civ. No 17339/2003) the obligation to comply with a legal-stances, as for the legitimate development planning tools not only to protect the local residents but also for purposes of public interest, must be respected even more ra-region in the case of illegal buildings, although has taken its administrative amnesty, whose effects are limited to the journalistic field and do not affect the rights of third parties. The amnesty provided for in Articles. 31 ff. L. February 28, 1985, No 47 on the CD "building amnesty" does not imply a change in city planning, or, therefore, it deprives the opposition of the building regulations that govern relations between individuals in terms of distance in construction contained in the Civil Code or of this additional (Cass. Civ. No 1599/1988), but merely provides for the regularization of the works in terms of administrative, criminal and tax, that is for the sole purpose of the public, but also for private enterprise, then, in disputes between private parties for breach of neighboring distances of action arising from the execution of construction works, such amnesty, the pa-nerendo the relationship between manufacturer and private, can not affect relations between itself and its neighbors which, if adversely affected by the construction, retain the right to obtain damages or a reduction in pristine condition, namely the demolition of the building that bears made in breach of the nearby rules about distances or over the border (in this sense cass. Civ. No 2658/1999).

Dr. Stefano Deliperi

11/11 2009 14:25 FAX 0382597586 0001

Pavia, 11.11.2009

PROVINCE OF PAVIA
Tax Code - 80000030181
TERRITORY DIVISION
SETT0RE TERRIT0RI0

Prot VF / fm
N. 66350 of 11.11.2009
Class. Step 007.004. 4 / 2009

SUBJECT: Request

legal intervention group for the adoption of measures on realization of unity

real estate at

via E. Berlinguer corner of Via dei Mille

City Cilavegna (PV)

Determination province.

del'Ufflcio
Technical Manager at the City of CILAVEGNA

epc to the Mayor of the City of

27024 Cilavegna

to Dr. Stefano Deliperi
C / o Group Legal intervention
Via Coccu Ortu, 22 09128 Cagliari

to Mr. Bartholomew Adriano
27024 Cilavegna

the Provincial Commander of Pavia
State Forestry
Street Campari, 60 27100 Pavia

NOE to the commander of the Carabinieri in Milan
Pusiano Via, 22 20132 Milano

The Municipal Police Commander

Largo Marconi, 3 27024
Cilavegna

to the Public Prosecutor at the Court of

Vigevano

Lavezzani Square, 1
27029 Vigevano

the Regional Prosecutor of the Court of Auditors for the Lombardy
Via Marina, 5 20121 Milano

the Prefect of Pavia
Guicciardi Square, 1 27100 Pavia

the Regione Lombardia

Directorate General of Land and Urban Planning Unit and the Integrated Impact Assessment

Via Sassetti, 32 / 2 20124 Milano

ONLY SENT BY FAX

The Province of Pavia note dated February 10, 2009, signed by the representative of the Legal Action Group, submitted by the Region of Lombardy Z120090004931 note of 11.03.2009, which was received on 16.03.2009, has been invited along with the municipal administration of Cilavegna to want to put in place within of its powers, checks and other steps necessary to ensure full respect for the law to the measure in question.
Consequently, in relation to the request for intervention by the province for the exercise of powers to the substitute case, was activated by the writing area of \u200b\u200bthe province, which is responsible under Article 49 of the I, r. 12/2005, concerning the investigation, calling the note n, the 2009/16663 25.03.2009, and the note n, 58052 of 6/10/2009, the City of Cilavegna detailed information on the activities performed in the event topic .
The common relationship with the footnote 3441/2009 of 3 April 2009, received April 6, 2009, and the footnote 11,423 received on October 20, 2009.
At the same time have also received a signing of a note sent to Mr. Adrian Bartholomew by fax on 29.09,2009, and a statement delivered to us for information regarding the case in question.
That said, it seems appropriate first, specify, in general, the complex skills and interventions within the construction supervision (Title IV, Chapter I of Decree No. 380/2001 as amended and supplemented): According
with art. 27, paragraph 1, of DPR n, 380/01, vigilance is exercised by the planning and building manager or city manager of the office, when there appears to be the start or completion of works carried out without the title on subject areas by State law, regional, or other applicable zoning regulations adopted in inedificabilità constraint (as is the case in relation to the distances to be respected in accordance with the provisions of the existing local planning instrument), the person responsible, as identified above, shall direct the demolition and restoration of the status of places. In case of persistence of other environmental constraints (constraint landscape, civic uses, geological constraint) the manager or supervisor is responsible to the city office provides demolition and restoration of the castle places after informing the competent public administrations, which may intervene on their own initiative (Article 27, paragraph 2, of Presidential Decree No. 380/2001 as amended and supplemented);

- fermo restando quanto sopra esposto, in caso di accertamento di violazioni della normativa urbanistico-edilizia il dirigente o il responsabile del competente ufficio comunale ordina l'immediata sospensione dei lavori fino a provvedimenti definitivi da emanarsi e notificarsi entro i successivi 45 giorni (art. 27, comma 3, del D.P.R. n. 380/2001 e successive modifiche ed integrazioni).

Particolare attenzione è stata riservata alle sanzioni di tipo amministrativo (titolo IV, capo II del DPR n.380/2001 e successive modifiche ed integrazioni:

nel caso in cui il dirigente o responsabile del competente ufficio comunale accerti l'effettuazione di interventi In assenza di permesso di costruire, In totale difformità o con variazioni essenziali (The latter hypothesis is regulated by the .54 lr 12/05), enjoining the owner responsible for the abuse and the demolition and restoration of the rule of the places with the caveat that, of the non-assuming, the area will be acquired free of law and in favor of municipal assets. After the 90 days allocated to no avail, of the non-determination, upon notification to the person concerned is entitled to hold and release the transcript free of charge in the land register (Article 31, paragraphs 1 st - 4 th, DPR No 380/2001 as amended and supplemented). The work thus acquired is demolished on order of the director or manager of the office municipal building at the expense of those responsible for abuse, unless the acting! City Council is not declared the existence of prevailing public interests, and provided the work does not conflict with relevant planning or environmental interests surveyed - law that - by their government responsible for the protection of the constraints themselves (art. 31, para 5 of DPR n. 380/3001 and subsequent modifications and interactions);
- in the case of inertia of the competent municipal bodies which lasted for 15 days after the abuse or for 45 days after the suspension of proceedings, the competent institution must take , located in the Province article. 49, paragraph 2 of Law 12/2005 in its stead, to take the measures necessary and notify the appropriate judicial authority for the purposes of prosecution (Article 31, paragraph 8 th, Presidential Decree No. 380/2001 as amended and supplemented). For these works the abusive criminal sentence of conviction shall order its demolition, unless otherwise performed (Article 31, paragraph 9 th, Presidential Decree No. 380/2001 and subsequent amendments and additions.
From reading his correspondence with the City of Cilavegna that, in this case, a building used as a residence has been detected, following inspection of 25-09.2002, in the absence of distance between buildings and then subjected to conformity assessment of grant building resulting in an order of suspension of work on 11.04.2002, and subsequent demolition of the order of 19 December 2002.
Meanwhile, the property in question on February 24, 2003, was the subject of requests for granting amnesty in which, however, was refusal by the City of Cilavegna 3441/2009 as shown in the note.
A reading of those notes are, therefore, noted that following its investigations, the appropriate City Council has actually delivered on 19 December 2002, a writ of demolition which, among other things, it seemed to have been placed no opposition : Executive order to be considered and that still is not done. The order among the other specifically cited "under Article 8 of Law 38 February 1985, n. 47 and Article 1 of the Lombardy regional law May 9, 1992, n. 19, this amendment constitutes an essential change to the approved design as a change of more than cm , 10 of the minimum distances from public roads or public use prescribed by existing provisions. "
Following the note of the writer n.58052 Industry of 06.10.2009, with which you are applying to the City of Cilavegna further information and clarification, the Mayor with the footnote 11423/2009, confirming that the proceeding officer had issued the order at the time of demolition, 19.12.2002 n.33/2002 prot. 12,334, which represented by the Municipal Council, had given an assignment a legal advisor to verify the effectiveness of the measure above. Also represented that "in any case are pending cases before the Administrative Court of appeal PRG variant and subsequent acts, the effects of which affect the order n.33/02 demolition.
were held by the writer, therefore, further research sector, which show that the enforcement procedure operated by the City is still effective, canceled or not resulting in self-defense by the administration of the Authority or by Cilavegna courts. However, as the municipality issued a note (n.33/02 demolition order), the Province shall not exercise the powers replacement for lack of jurisdiction of the conditions of the law - in the assumption of inertia municipal crackdown.
However, remember that it is the only government who issued them to ensure full and effective compliance of its crackdown on unauthorized building, he takes the opportunity to represent that the order for demolition is considered to date effective.
As regards, the assertion of the Municipal Administration of Cilavegna that "in any case are pending cases before the Administrative Court of appeal PRG variant and subsequent acts, the effects of which affect the order demolition n.33 / 02 ", are obliged to remember that the mere a pending appeal before the Administrative Court can not suspend the effectiveness of the measure in question until delivery of the ruling by the judge. This effect could result, in fact, only by an order suspending the effectiveness of the measure, the order that in this case, there appears to have been issued by the administrative judge, seems
should also be noted that a variant of urban development abuses that can not heal have not been remitted.
Accordingly, and as above, in reiterating the impossibility, in this case, replacement of the powers, calling on the City of Cilavegna to want to have what is necessary to ensure compliance with the order Demolition taken - and whose enforceability is not suspended by the courts - and to want to put in place gii requirements, mentioned above, under art. 31, paragraphs 4 and 5 of Presidential Decree No, 380/01,
Remember, most recently as a collaborative and that the failure to take measures of competence could also be incorporated at the ends of the person to whom it is up to the law, the offense Article cp .328 (Refusal of official acts. Omission).

Sincerely
The Manager of the Sector
Territory (Arc.Vincenzo Fontana)

Italy Piazza No 2-27100 Pavia ~ Tel 0332.597542 - Fax 0382.597586

Thursday, January 21, 2010

What To Wear To Studio 54 Party

Mississippi 08 Mississippi 07

also the eighth stage is influenced by weather conditions. I have to postpone starting a couple of times and, thus, have the opportunity to visit Keokuk. It 's a small town in southeast Iowa at the confluence of the Des Moines River with the Mississippi. Its name derives from Sioux chief Keokuk. In its territory there is a dam in the '50s, was the longest in the world.
the weather reports on a highly variable time, which in reality I would hold firmly to the ground. Since, however, FS is a mortgage, I will try what happens. The path should lead us to St. Louis in the state of Missouri

scramble keeping us from the south under the thick layer of clouds. The De Moines, which flows into the Mississippi is at this point, the boundary between Iowa and Missouri

flying over the river to the left and right on the Illinois Missouri

We go in a cloud charged with rain. The Maule respond well to stress

Near Hannibal (the airport is in the name of William P. Lear, the founder of LearJet) the situation improves but the horizon does not bode well

Continuing to South encounter numerous nature reserves. We're going to fly over Louisiana, a small town that retains the most intact examples of Victorian architecture of the state

The Mississippi is constantly fed by the waters of the tributaries

The Illinois River runs parallel to our direction

We are in the final phase of the stage but we have to change our plans: the airport is KSTL in IFR conditions, there is then denied the request for landing and we have to opt for alternate regional Kalniete. In the photo the Missouri River in the background "chases" the Mississippi

The Illionis and Missouri affluiscono nel Mississippi. Il Missouri è il più importante tributario del fiume Mississippi, nonché il più lungo affluente del mondo con i suoi 3.725 Km.

La visibilità è sufficiente e abbiamo l'ok per l'atterraggio (132 mn. in 1h:09m)

Benvenuti a St. Louis
La città è così chiamata in onore di Luigi IX Re di Francia. Agli inizi del '900 era la quarta città americana per importanza e nel 1904 fu sede dell'Esposizione internazionale e delle Olimpiadi.
Simbolo della città è il Gateway Arch: costruito nel 1954, su progetto dell'architetto finlandese Saarinen, simbolizza la Porta dell'Ovest.
Here was born the legendary Chuck Berry . Let us listen to "Johnny B. Goode " Bye

Monday, January 11, 2010

Ways To Speed Recovery Of Pitarysis Rosea

Davenport has been a city with many interesting and attractive but I would like to continue the tour, allowing snow storms!
While chatting with another rider direct to Chicago, get the latest weather report with improvement in weather along the route. The destination today is the Keokuk Municipal Airport, north of the city.

This is what shows up in front of the nose of the Maule takeoff. VFR conditions are not, I would say

and Maule are tossed by gusts of wind from all directions. I try to locate the Mississippi, and will not raise the share

Below 2000 feet the situation improves and I can take some pictures. The presence of islands of various sizes should not allow easy navigation

We're going to reach Muscatine, Iowa small town, known in early 900 as 'the world capital of pearl buttons'. Vireremo then left following the river

fly over the Mark Twain National Wildlife Refuge, an area created for the protection of flora and fauna and migratory birds Mississsippi

The wind drops and I can finally rilassarmi. A destra si scorge il lago artificiale Odessa, mentre ci avviciniamo a New Boston, dove il fiume Iowa affluisce nel Mississippi

Superata Keithsburg, ci dirigiamo verso Oquawka, sulla sponda sinistra nello stato dell'Illinois

Eccoci su Burlington , importante città dello Iowa

Un altro affluente, lo Skunk river

Fort Madison , sede del primo forte militare sul Mississippi superiore (1808/1813) e di un penitenziario di massima sicurezza.

E' tempo di abbandonare la scia del fiume e dirigerci verso l'aeroporto municipale of Keokuk, a town completely unknown to me until today

We land safely after traveling 89 miles in 44 minutes. The time to repair the plane in the hangar that a new disturbance brings snow.

The soundtrack is provided by Stevie Ray Vaughan, one of the greatest exponents of American blues guitar. Listen Pride and Joy
Greetings and Happy New Year to everyone yet.