На прошлой неделе Апелляционный суд Одесской области удовлетворил иск городского совета о сносе нахалстроя на улице Костанди.

Об этом 23 января в ходе аппаратного совещания заявил городской голова Геннадий Труханов.

«Сложность подачи иска была обусловлена тем, что гражданин Ковров был собственником земельного участка, соответственно, иски о сносе подаются городским советом, как собственником земли. В данном случае мы не были собственниками земли, поэтому иск был подан исполнительным комитетом в лице юридического департамента, как органом, осуществляющим контроль за соблюдением законодательства в градостроительной сфере», — заявила директор юридического департамента Одесского горсовета Инна Поповская.

Она отметила, что процесс не будет быстрым, так как ответчик не собирается сносить нахалстрой самостоятельно. Сначала будет назначен срок для добровольного исполнения решения суда, и в случае, если за этот срок здание не снесут, ответчика ждут штрафные санкции.

Только после этого исполнительный комитет имеет право обратиться в суд о замене способа исполнения решения и снести здание за счет города. Затраты на снос должен будет возместить ответчик.

«У нас впервые есть прецедент, когда мы выиграли дело о сносе самовольного строения, построенного на частной земле. Мы хотим показательно снести этот объект для того, чтобы люди понимали, что закон нужно соблюдать», — заявила Поповская.


...

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