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VELEZ-MALAGA compensation to residents for not acting against noise pollution will be around four million Diario Sur - 05/22/1911

- AUGUSTINE PELÁEZ DATA

Judgement. The Town Hall was convicted in 2003 of the TSJA to compensate neighbors 2,812,680 18 euros for the noise they had to endure for 13 years (between 1990 and 2003). The Supreme Court upheld the conviction in 2008.

Interest. addition of 2,812,680 euros, the Consistory shall pay nearly a million in interest, plus legal costs. Counsel for the neighbors have called the council to payment of 188,000 euros.

View of El Copo Torre del Mar to the homes affected by excessive noise in the background. : AP

The noise generated by entertainment from the commercial center of El Copo Torre del Mar and municipal indecision at the time of intervention to stop excess noise are going invoice to the City of Velez, who is credited with being the first consistory of the province condemned for not tackling the problem of noise.

veleño The Consistory was convicted in 2003 of the Administrative Disputes Division of the Superior Court of Justice of Andalusia (TSJA) to 156,000 euros compensation to each of the 18 owners buildings housing Ipanema who came to court to denounce the excesses of noise The Snowflake. The sentence in question was ratified in 2008 by the Supreme Court (TS). The court ruling requires the Consistory to 2,812,680 euros to compensate for the noise endured by residents for thirteen years from 1990 to 2003. The Session was also sentenced to face legal costs. The lawyers of the victims have demanded payment for this item to the City of 188,000 euros, much of which has not been paid any amount.

But that's not all, of the 2,812,680 euros must be added the legal interest generated, as has been told SOUTH municipal sources, putting the cost and the sentence around four million euros. Interest

  • According Consistory, there is an order of TSJA forcing the council to meet at 18 neighbors complained the noise problems of the Snowflake, plus the 2,812,680 euros of compensation fixed in the sentence, statutory interest, plus an additional two points from the July 29, 2003 until the date on which occurs the payment of the full sentence. Although the City appealed an initial order in this regard, concluding that the interest should run from the decision of TS, a second car is back to give the reason for the neighbors by fixing the date from which interest must have July 2003, when the TSJA rendered its verdict.
  • This means that city coffers will face just in interest to an amount of about one million euros, taking into account that the city council has done to date a payment of EUR 2,086,000 on account of the 2.8 million which amounts sentence.
  • Given the economic difficulties facing the Town Hall, the Hall has maintained since the beginning of the year several contacts with the neighbors, who are now on hold, with the dual aim of trying to lower the interests and facilitate the payment of 726,680 euros that still remain to be paid the compensation awarded by the judges in monthly installments of 40,000 euros, as noted by the mayor of Finance, Fermín Domínguez. This same form of payment was given either by the City Council last year to TSJA, which to date has not been given its decision. For this reason, neighboring Consistory and decided to set up last March a commission to specify the amounts that still remain to be paid and your payment. the absence of agreement, the neighbors and the city have not met since April to those affected have announced their willingness to demand via penalty payment of amounts due to them.
  • The only payment made since the firm made the decision, occurred in January 2010 and amounted to 2.086 million euros, without any re-produce new revenue to enforce the sentence. Second

compensation image

The neighbors have also repeatedly reminded that the failure TSJA 2003 provides a second compensation for the victims of 12,000 per year for each of the 18 owners from 2003 until the completion of all noise problems in the area. According
concerned, the Court must verify how long still persisted pollution noise from the occurrence of Case TSJA to determine the final amount that the Consistory should pay for this other concept. something of which the City does not want to talk. The neighbors had to endure noise of 120 decibels when the maximum allowed is 30. The City Council recently said the environment of the Snowflake area saturated with noise concerns of neighbors for installation in the basement of the building I Ipanema nightclub. same time, the City Council has approved does not grant licenses to open clubs for a year in this same area and Levante Street, located in the vicinity.
also full of the Consistory has agreed to open a file to modify elements of the General Plan of the municipality with the aim of banning the clubs in the areas of the municipality declared acoustically saturated.

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