The municipal executive denounced yesterday before the criminal prosecutor’s office those responsible for the apartment work located between Bustillo avenue and Nahuel Huapi lake, at kilometer 4,400, who never stopped the work, despite receiving various stoppage and closure orders.
The execution of the work progressed for more than a year without the permits and both the owner, Rodrigo Aguilar, and the architect in charge of construction management, Ricardo Lerchundi, will now be investigated by the Justice.
The secretary of Environment and Urban Development of the municipality, Claudio Otano, signed the document of ten pages entered the courts yesterday, where he requests a criminal sanction for those responsible for the crime of “disobedience to orders issued by a public official”, whose penalty is a maximum of one year in prison. The case was left in the hands of the prosecutor Inti Isla.
Otano pointed out that the documented breaches affected “public order”asked to be admitted as a complainant and requested that Justice evaluate the ruling precautionary measures such as “the prohibition to innovate” on the property and also “the kidnapping of tools and machinery suitable for the execution of the tasks.”
The coastal work is located on a lot with a steep slope and reached four floors. The last week, when the conflict had already become publicthe construction did not stop and a truck worked several hours in the concreting of the upper floor.
According to a couple of neighbors who filed the complaints, the building invades the regulatory withdrawals both from the lake shore and from Bustillo avenue. It would also far exceed the amount of square meters authorized for that place by the urban code.
The case was also evaluated by the councilors in the last Legislative commission, in which both Otano and the complainants participated. He official responsible for Works recognized the irregularities, said that the municipality had limited powers to enforce the closure orders and only had to resort to Justice. He pointed out that the decision made was aimed at giving the work in lack of 4,400 the character of a “witness” case, in order to dissuade other offenders.
The presentation they took to the prosecution says that Aguilar and Lerchundi incurred in “artious and repeated breaches” of the normand that the monitoring by the inspectors and technical teams of the municipality, in the face of the rebellion of the accused, implied “the unnecessary waste of resources” of the municipal State.
Detailed schedule of irregularities
The document includes a detailed account of the actions, according to which the February 9, 2022 The applicants had been authorized to carry out preliminary tasks, such as the placement of the work fence, workshop, signaling, land preparation and soil movements. But then an inspection found that they exceeded themselves by placing “concrete foundations and masonry and metal structures that they do not agree with the project” and for this reason on May 20 of that year they were imposed a first “work stoppage, under warning.”
Since then failed to comply more than once with the minutes and notifications of Private Works, until the intervention of the municipal misdemeanor judge Gustavo Contínwho verified the non-compliance with the stoppage and ordered to put a stop to the work once again on June 23 of last year. A week later, faced with persistent disobedience, “the judge decreed the closure of the work and placed the rigor girdles”, according to the description provided to Justice.
The dispute did not end there because the individual appealed, but Contín ratified the total closure, the professional in charge entered new plans and Secretary Otano issued a provision with the guidelines for “correcting non-standard aspects and ensure the safety of the work and the boundaries”, which was also breached.
On March 1, when verifying that the work was continuing, the Misdemeanors Tribunal annulled the provision and He again ordered the stoppage of the work. A subsequent inspection “verified the absence of a work book and license to build.” He March 22, despite everything, the workers had advanced with the placement of material in the front sector of lots and the assembly of a slab formwork.
“All of the above gives an unquestionable account of the conduct of the accused, criminally reprehensible insofar as have systematically disobeyed municipal orders, violating public order,” Otano stressed in his appeal. He added that this type of behavior “seriously compromises social peace and neighborhood coexistence, since the permanent subjugation of the rules is not tolerable, especially when public domain assets have been affected.”
The official asked Justice to find him necessary “order through the help of the public force the total stoppage of the works”. He offered a digitized copy of the files as evidence and requested that precautionary measures be issued, including the seizure of the equipment used to continue construction.
The complaining neighbors, Diego Bonardi and Laura Lecouna, provided photos of the irregularities and said that after the first publication of this newspaper with the details of the dispute, they were threatened by the owner, for which they filed the respective police complaint.
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