P.R. Laws tit. 21, § 995c

2019-02-20 00:00:00+00
§ 995c. Hearing; Hearing Officer; Order

The Hearing Officer shall be a licensed engineer with five (5) years of experience.

The hearing requested by the proprietor, owner and person with interest shall be held before an examining officer designated by the municipality, who shall hear the evidence and shall issue an order to the following effects:

(a) If it is determined that the property should not be classified as a public nuisance, the proceedings shall conclude and the property shall be excluded from the effects of this chapter.

(b) If it is determined that the property should be classified as a public nuisance, but that it is apt for repairs, or for adequate cleaning and maintenance, the Examining Officer shall issue an order indicating the nature of the repairs, or cleaning and maintenance work to be done, and shall grant a reasonable period of time, which shall not exceed three (3) months, to conclude the repairs or cleaning and maintenance work. By petition of a party and for a justified reason, the Examining Officer may grant additional extensions, which, in their totality, shall not exceed one (1) year.

(c) If it is determined that the property should be declared a public nuisance, and that it is not fit for repairs, its demolition and clean-up shall be ordered, payable by the proprietor, owner and person with interest, within a reasonable period of time not to exceed three (3) months. By petition of a party and for a justified reason, the Examining Officer may grant an extension, which shall not exceed three (3) additional months. Once the aforementioned term has expired, the municipality may proceed with the demolition and clean-up, and shall defray the cost thereof, and shall place a lien on the property in the corresponding Property Registry, equal to the amount spent on such task, unless the owner of the property reimburses the municipality the amount thereof.

History —Jan. 18, 2012, No. 31, § 6; Sept. 29, 2012, No. 292, § 3.