City urban management law enforcement agencies are responsible for organizing, guiding, commanding, coordinating, supervising and inspecting the administrative law enforcement work of the city's relatively centralized punishment power, and uniformly organizing the city's special law enforcement activities. Article 4 Urban management law enforcement organs shall concentrate on exercising the following administrative punishment rights:
(a) the right of administrative punishment stipulated by laws, regulations and rules on the management of city appearance and environmental sanitation, and the compulsory demolition of buildings or facilities that do not meet the standards of city appearance and environmental sanitation;
(two) the power of administrative punishment stipulated by laws, regulations and rules on urban planning management;
(three) the right of administrative punishment stipulated by laws, regulations and rules on urban greening management;
(four) the power of administrative punishment stipulated by laws, regulations and rules on municipal management;
(five) some administrative punishment rights stipulated by laws, regulations and rules on environmental protection management;
(6) The power of administrative punishment for illegal business operations in roads, squares and other public places as stipulated by laws, regulations and rules on industrial and commercial administration;
(seven) the right of administrative punishment for illegal acts such as unauthorized excavation of roads and occupation of roads as stipulated by laws, regulations and rules on public security traffic management;
(eight) other administrative punishment rights stipulated by laws and regulations and decided by the Municipal People's government. Article 5 After the power of administrative punishment for urban management is relatively centralized, the relevant departments and organizations shall not exercise the power of administrative punishment that has been centralized by the urban management law enforcement organs; If it is still exercised, the decision on administrative punishment made is invalid. Sixth administrative punishment shall be under the jurisdiction of the county-level urban management law enforcement organs where the illegal acts occur; Jurisdiction disputes, submitted to the municipal urban management law enforcement departments designated jurisdiction. Seventh urban management law enforcement agencies in the investigation of illegal acts, can take the following administrative measures according to law:
(a) to enter the inspected unit or place for investigation and inspection;
(2) consulting, reading, copying, taking photos and recording relevant evidence materials, sampling for evidence collection or registering and preserving relevant evidence in advance, except those involving commercial secrets and personal privacy;
(three) seizure, seizure of property related to illegal acts;
(four) other measures stipulated by laws, regulations and rules. Eighth urban management law enforcement agencies refused to stop the illegal act, can be temporarily detained in accordance with the law of its illegal business items and tools for the implementation of illegal acts.
Withheld tools and articles, urban management law enforcement organs shall issue a registration list to the parties, keep it properly, and shall not use it without authorization or damage or loss, and make a decision within 7 days from the date of issuing the registration list; If a party refuses to accept the treatment within the time limit and refuses to accept the treatment three months after the announcement, it shall entrust an auction institution established according to law to conduct the auction.
For tools and articles that are perishable, deteriorated, difficult to preserve or unable to be auctioned, the urban management law enforcement organ shall notify the parties to accept the treatment at the designated place within 2 days; If it fails to accept the treatment within the time limit, it can be sold in advance with the approval of the person in charge of the urban management law enforcement organ.
If property losses are caused by illegal withholding or mismanagement, the urban management law enforcement organ shall make compensation according to law. Ninth urban management law enforcement agencies to implement administrative punishment, should be based on facts, and adapt to the facts, nature, circumstances and social harm; To correct illegal acts, we should adhere to the principle of combining education with punishment and focusing on education; Educate violators first and order them to make corrections immediately or within a time limit; If the illegal act is minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed; Those who refuse to make corrections shall be given administrative punishment according to law. Article 10 Before making a decision on administrative punishment, the urban management law enforcement organ shall inform the parties of the facts, reasons and basis for making the decision on administrative punishment, as well as the rights enjoyed by the parties according to law, and listen to the statements and arguments of the parties. If the facts, reasons or evidence put forward by the parties are established, they shall be adopted. If a party requests a hearing and meets the conditions for hearing, it shall organize a hearing according to law. Eleventh urban management law enforcement agencies to investigate and deal with illegal cases, the illegal acts need technical appraisal, it should be submitted to the relevant administrative departments or entrust professional appraisal institutions for appraisal; The relevant departments or institutions shall conduct technical appraisal within 3 days or within the statutory time limit, and inform the urban management law enforcement organs in writing. Twelfth urban management law enforcement agencies to make a decision on punishment, it should be announced after the relevant documents delivered to the parties on the spot; If the party concerned is not present, it shall be served on the party concerned by direct service, lien service, entrusted service, post service and public announcement service in accordance with the relevant provisions of the Civil Procedure Law. Thirteenth urban management law enforcement organs shall abide by the system of separation of punishment and payment when making administrative penalties for fines according to law. The fine shall be paid by the bank that signed an agreement with the urban management law enforcement organ within the prescribed time limit, and the urban management law enforcement organ and its law enforcement personnel shall not collect the fine on the spot according to law.
Urban management law enforcement officers shall collect fines on the spot according to law, and shall issue a receipt supervised by the financial department to the parties concerned; Otherwise, the parties have the right to refuse to pay. The fine collected on the spot shall be turned over to the urban management law enforcement organ within 2 days from the date of collecting the fine, and the urban management law enforcement organ shall pay the fine to the designated bank within 2 days.