2024-01-05 07:17:17
Lawyer Miguel Vanegas filed an administrative complaint with the Administration Attorney’s Office against the mayor of Las Tablas. The complaint, filed by Vanegas on October 3, 2023, refers to alleged irregularities related to the transfer, lease or sublease of megastructures in Porras Park during the 2023 Carnival.
Vanegas pointed out that these structures affected access to the park, considered a municipal asset for common or public use, which was accepted through Resolution PA/DS-143-23.
As a consequence of the admission to the Administration Attorney’s Office, the mayor of the Las Tablas district was required to submit an explanatory report, presented through note 373-2023 of November 7, 2023.
In reference to the regulations that regulate Carnival activity in the Las Tablas district, Vanegas maintained that Municipal Agreement 79 of September 30, 2019 reorganized and updated the tax regime and established a new tax system. This agreement establishes taxes, fees, duties and contributions, and opposes taxes for the use or use of public goods, including the use of sidewalks for various purposes.
In addition, he stated that the mayor authorized the installation of platforms or structures in Porras Park for the benefit of the prickly pears. However, no citizen consultation was carried out nor was any type of public contracting carried out for this purpose.
The Attorney General’s Office points out that the mayor’s explanatory report observed that, in fact, the municipality processed permits for the installation of temporary structures in spaces for public use. This was done with municipal authorization under the condition of using sidewalks for various purposes, based on Mayor Decree 15 of February 6, 2023, which they state has not been published in the Official Gazette.
The Attorney General’s Office considers that the Las Tablas Carnival festival is an activity with deep cultural, folkloric and intergenerational roots. Regarding the use and disposal of public goods, the authorities must adopt the best decisions, foreseeing their development without affecting the rights of neighbors, visitors and citizens in general. Given the permissibility of the installation of temporary structures, whose dimensions in proportion to the availability of said public space may be affected.
Vanegas assured that the Attorney General’s observations are clear for those who want to listen. Furthermore, he highlights that Law 106 of October 9, 1973, of the municipal regime, is precise: “municipal assets for common use may not be alienated, rented or taxed for any reason.” He also establishes that all municipal property that is not necessary for public use or services may be sold or leased through public bidding.
Therefore, he argues that the mayor cannot legally use rules of the tax or tax regime that levies fees and taxes on municipal public spaces and sidewalks, to transfer Porras Park to the Tableñas prickly pears, since it is a municipal asset for common use or public and is necessary for public use or service. Additionally, it has no sidewalks, which are an extension of a street.
The lawyer insists that the mayor cannot apply the decree, because it was not published in the Official Gazette.
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