The general public may file complaints before the Office of the Chief Permit Inspector, the concerned government entities or the autonomous municipalities with I to V granted hierarchy. Such complaints shall address alleged noncompliance with:
(a) The provisions of the permits issued;
(b) the alleged absence of a required permit, or
(c) noncompliance with any provision of this chapter, the Joint Permit Regulation adopted thereunder, the enabling acts of the concerned government entities, the Autonomous Municipalities Act or the regulations, as the case may be.
In those cases where the complaint on compliance refers to one of those overseen by the Chief Permit Inspector within his/her jurisdiction, the same shall be investigated within fifteen (15) work days after its filing before the Office of the Chief Permit Inspector. If the investigation shows that the allegations are true, the Chief Permit Inspector shall proceed to issue an administrative fine. The Chief Permit Inspector shall also, if applicable, refer the issue to the Secretary of Justice, for him/her to take the necessary steps to impose the penalties established in this chapter.
In those cases where the complaint on compliance refers to one of those overseen by the concerned government entities or the autonomous municipalities with I to V granted hierarchy, according to their jurisdiction, the latter shall investigate the same within fifteen (15) work days after the filing thereof. If the investigation shows that the allegations are true, the concerned government entities or the autonomous municipalities shall proceed to issue a fine, the amount of which is to be established pursuant to the provisions of the Enabling Act of the concerned government entity, the autonomous municipalities with I to V granted hierarchy, special laws and regulations. The term settle said complaint shall be established through Regulations.
The concerned government entities or the autonomous municipalities with I to V granted hierarchy shall, in their discretion, remit complaints to oversee compliance filed before them and under their jurisdiction to the Chief Permit Inspector for the investigation thereof, according to the procedure established in this section.
Any party adversely affected by a fine issued by the Chief Permit Inspector, concerned government entity or the autonomous municipalities with I to V granted hierarchy may request review before the Court of First Instance.
These fines shall constitute a real lien on the ownership title involved in the violation or violations. The fines imposed by the concerned government entities or the autonomous municipalities with I to V granted hierarchy, and adjudicated by the Chief Permit Inspector, shall be payable to the Secretary of the Treasury in the case of the concerned government entity or the autonomous municipality, as the case may be. The Office of the Chief Permit Inspector shall be entitled to receive a payment for processing the case, as determined by regulations.
History —Dec. 1, 2009, No. 161, § 14.4.