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Research on Problem of Illegal Constructions in a City -- Take Kaohsiung City for ExampleShieh, Kuen-Tsing 07 September 2006 (has links)
Architectures are one of the links in representing characteristics of a place. Through architectural style, one may know about the living standard of local residents, general capacity and disposition of citizens, and potency of a local government. In many public occasions, illegal constructions are being crowned as ¡§tumor of a city¡¨ and even being given labels of interfering public safety, influencing public hygiene and damaging city appearance, etc. It seems that ¡§Illegal Construction¡¨ is equivalent to ¡§opportunistic¡¨ and ¡§lawless¡¨. Tearing down of illegal constructions has already been a policy for decades; however, the government all along has not been successful in restraining the existence of these constructions effectively, not to mention restoring city landscape and maintaining public safety. In addition, continuous increasing of the handling cost is also a perplexing issue to the government.
Referring to the definitions, differentiation and identity establishment, handling procedure, statute basis, property protection, and general situation of how illegal constructions are handled in Taiwan area, this research clearly catches on the actual situation of Taiwan¡¦s existing problem. Taking Kaohsiung City¡¦s projects on fighting and control illegal constructions as examples, the analysis are based on legal, social, economic and law enforcing perspectives with assistance of survey results, attempts to seek out the basic problem of illegal constructions and definition of ¡§general public¡¦s identification of illegal constructions¡¨. It is expected that different opinions and solutions be provided: Management of illegal constructions should break away from the traditional ideas of ¡§it is the government¡¦s responsibility to enforce on tearing down buildings constructed without license¡¨. The owners should be obligated to dismantle the object and restore to its original form, and if violated again, the owners may have to pay a fine until the original form is restored. Since each region has its unique situation of illegal constructions, establishment and amendment of a centralized regulation will not be practical. It is suggested that a municipal statue be adopted to govern illegal constructions in each region. Concepts such as ¡§stringent check on new land or metropolitan design and control area¡¨, ¡§effective control and management of illegal constructions in existing communities¡¨, ¡§establish sunset clause and set a deadline or to operate in coordination with sewage pipeline project and give guidance and assistance to improve the situation¡¨, ¡§effective management of general public¡¦s identification of illegal constructions¡¨ and ¡§housing tax be levied on illegal constructions to increase treasury revenue¡¨ shall be included in the municipal statue to fit in the city¡¦s best interest and to be on an equality, so as to be accepted by general publics. A public opinion based and supported local law may serve as resolution for executive bodies and will initiate a new page for handling illegal constructions in the future.
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The Study of Management of Illegal Constructions in Kaohsiung CityLi, Zong-lin 26 June 2008 (has links)
The Study of Management of Illegal Constructions in
Kaohsiung City
ABSTRACT
The architecture against regulations is dealt with to manage in the building and have a political
ring most in the field, depend on the legal aspect and the speech, the principle dealt with in
architecture against regulations is ' remove without exception '; But because the architecture against
regulations exists generally with the characteristic of the complicated origin cause of formation,
cause the local government to disobey relevantly while building removal work, although and disobey
and build management method to carry out in accordance with the building law which the central
authorities issue, its relevant norms are not yet thorough enough, make the architecture against
regulations of the local government managed and raised apparently by effected.
This study department carries on depth interview with such 13 people as relevant administrative
organs, folk architect's industry representative, popular representative,etc., adopt quality induction to
analyse, implement the achievement and gather but succeed via probing into relevant regulations and
current policies of architecture against regulations after gathering together the whole materials.
Law's source foundation is for the regulations, upper strata location steps ordered, the relevant
building laws of our country are to follow American-European countries, how unseasonable, there is
a scrupulous necessity that revises again in fact. Stipulated by oneself by every local government
about the treating method of the architecture against regulations, so the uneven difference that have
with people's cognition emerges on a lot of decrees, so the the decree one declares leading even more
important.
My deal with on architecture against regulations business present situation direct decree topic,
political topic, social psychological topic, administrative execution topic these 4 aspects against now,
grind and plan to analyse that proposes the following suggestion: First, decree aspect: Central
according with reality is easy to breed breaking rules and regulations and must make a self-criticism
and improve the affiliated decree in a large amount by local decree, improve regulation decrees, such
as ' City plan of the law ', ' Building law ', ' the treating method of architecture against regulations
',etc. dealing with the architecture against regulations partly to revise. Second, political aspect:
Government to check newspaper and remove to build to disobey, should give consideration to
feeling, pay attention to at the same time, law 3 face, feeling and it pays attention to to be should on
decree, in order to advise by oneself removing for having priority. Third, social psychological aspect:
III
After hoping to communicate with the people first, examine all unreasonable decrees in detail, and
then strengthen the communication to declare and lead to the people and popular representative after
revising. Fourth, the administrative execution track: The government should be by (1) Make up the
manpower of filling and carry out the removal work outside the committee, and remove worker's
affair by talking about a performance type; (2) Revise the regulation of such relevant unreasonable
decrees as ' City plan of the law ', ' Building law ',etc.; (3) it fine to build, build law remove
expenses is disobey persons who will build pay by oneself disobey to aggravate; (4) It¡¦s remove
worker affair to carry out strictly, It¡¦s imprison person who say announce online in order to speak
greedy to show disrespect on the illegal item to imprison stop remove.
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