When the same taxpayer is warned for committing an infraction of this regulation on more than two occasions within a period of one year, the municipality may close the commercial premises for up to three days or may suspend or revoke the commercial license according to the severity of the offense. Additionally, a pecuniary sanction corresponding to the infraction shall be established.
In any case, due process and the right to defense of the administered parties shall be guaranteed.
Without prejudice to criminal and administrative responsibilities, the offenders of the provisions contained in this regulation, whether individuals or legal entities, shall be civilly and jointly and severally liable for the damages caused against the environment and the health of persons, and must restore the damage, and, as far as possible, leave things in the condition they were in before the illicit action. The owners of the companies or activities where the damages are caused shall be jointly and severally liable.
Rates and Tariffs (Tasas y Tarifas) Article -38 Collection Criterion The collection criterion used by the Municipality is the unit of weight in kilograms, so the calculation basis for the rate is the weight produced on the property for which said service is provided, establishing differences according to the use destined for the property and the number of occupational units.
Article -39 For the purpose of establishing the payment for waste generation on a property with commercial use based on generation in kilograms, the collection of the intermediate category "C3" defined in the tariff study shall be established per occupational unit that the property has and the uses developed therein.
In the case of residential use, it shall be assigned according to the district, as established in the tariff model.
For properties of residential or commercial use that show no use and the service is provided as indicated in article 83 of the Código Municipal, a "C0" rate shall be charged, equivalent to the charge for one "R1" Residencial 1, according to the current tariff model, as long as that condition of non-use is maintained.
Likewise, in the case of commercial use properties that have more than one premises and one or several are unoccupied, the rate may be proportionally reduced to the number of premises that are effectively occupied.
For all these cases, the interested party must submit an express request addressed to the Commercial Department (Departamento Comercial), detailing, in the case of businesses with several premises, the number of unoccupied premises.
It is understood that this benefit shall be maintained as long as the residences, businesses, and premises remain unoccupied, and that once such condition ceases, the interested party must immediately notify said department to readjust the rate.
In any case, the Municipality reserves the power to audit (fiscalizar) these benefits at any time, and may render them void if it determines that the premises or residences are indeed occupied. The foregoing shall be retroactive.
Article -40 Determination of the rate for the street and public site cleaning service (servicio de aseo de vías y sitios públicos). The Municipality shall charge a rate, in all those sectors determined in the Oriental, Occidental districts and in those where the service is provided in the future, where there exist surface stormwater drainage structures such as curbs (cordón de caño), ditches, or open-air channels, as well as sidewalks.
Article -41 On the tariff. The tariff (tarifa) shall be determined in accordance with article 83 of the Código Municipal and shall include the effective cost incurred by the Municipality for the activities that comprise the service, direct costs for personal and non-personal services, materials and supplies, depreciation of machinery, equipment, and facilities, plus administrative expenses; as well as ten percent profit for the development of the service.
Article -42 Method and frequency of collection. For the collection of the tariff, the Municipality shall use the registered and current property value. The collection shall be made monthly, for the expired period, jointly with the collection of other municipal services or taxes.
Article -43 Destination of the resources. The ten percent profit for development that the tariff for the street and public site cleaning service includes shall be allocated primarily to promote the improvement of the service provision.
Article -44 Determination of the rate for the parks and ornamental works service (servicio de parques y obras de ornato). The Municipality shall charge a rate, in the Oriental and Occidental Districts and in those where in the future the service is provided. All owners or possessors by any title of real estate located in the Oriental and Occidental Districts must pay it.
Article-45 On the tariff. The tariff shall be determined in accordance with article 83 of the Código Municipal and shall include the effective cost incurred by the Municipality for the activities that comprise the service, direct costs for personal and non-personal services, materials and supplies, depreciation of machinery, equipment, and facilities, plus administrative expenses; as well as a ten percent profit for the development of the service.
Article -46 Method and frequency of collection. For the collection of the tariff, the Municipality shall use the registered and current property value. The collection shall be made monthly, for the expired period, jointly with the collection of other municipal services or taxes.
Article-47 Destination of the resources. The ten percent profit for development that the tariff for the street and public site cleaning service includes shall be allocated primarily to promote the improvement of the service provision.
Article-48 Determination of the rate for the waste collection service (servicio de recolección de residuos). The Municipality shall charge a rate, in the eleven districts of the canton by type of user and category established.
Article-49 Calculation Methodology. For the classification of users, data from municipal records are used and the following types of users are defined: residential, commercial, institutional, and government. The definition is based on the criterion of weight, through a technical, statistical study and fieldwork.
Article-50 On the Tariff. The tariff shall be determined in accordance with article 83 of the Código Municipal and shall include at least the following effective cost incurred by the Municipality for the activities that comprise the service, at least the direct costs for personal and non-personal services, materials and supplies, depreciation of machinery, equipment, and facilities, plus administrative service.
Article-51 Destination of the resources. The ten percent profit for development that the waste collection tariff includes shall be allocated primarily to promote the improvement of the service provision.
Article-52 Determination of the rate for the waste deposit and treatment service (servicio de depósito y tratamiento de residuos). The Municipality shall charge a rate, in the eleven districts of the canton by type of user and category established.
Article-53 Calculation Methodology. For the classification of users, data from municipal records are used and the following types of users are defined: residential, commercial, institutional, and government. The definition is based on the criterion of weight, through a technical, statistical study and fieldwork.
Article-54 On the Tariff. The tariff shall be determined in accordance with article 83 of the Código Municipal and shall include at least the following effective cost incurred by the Municipality for the activities that comprise the service, at least the direct costs for personal and non-personal services, materials and supplies, depreciation of machinery, equipment, and facilities, plus administrative service.
Article-55 Destination of the resources. The ten percent profit for development that the deposit and treatment tariff includes shall be allocated primarily to promote the improvement of the service provision.
Article -56 Filing of claims (parks and ornamental works service, waste collection service, waste deposit and treatment service, street and public site cleaning service) Interested parties shall file their claims before the Services Platform (Plataforma de Servicios) or through the digital platforms that the Municipality provides for such purposes, for which they must:
1. Complete the claim form, which can be obtained at the electronic address www.muni- carta.go.cr or process it directly on the digital platforms.
2. Present the identity document (if the claim is made by a legal entity, a current legal entity certification (personería jurídica) and a copy of the identity document of the legal representative must be attached.) The presentation of these documents shall not be necessary if they are already on file in the municipal archives, provided they are current at the time of filing the claim and, in the specific case of the certifications (personerías), they are not more than one month old from their issuance.
Once the claim is received, the procedure shall be registered, a case file number (expediente) shall be assigned, and it shall be forwarded to the Commercial Department for its analysis, resolution, and modification of accounts receivable when so determined, as well as its notification to the applicant via the means indicated in the claim.
For claims that require analysis or approval from other municipal bodies, the necessary exchange of information for the resolution of the filed claim shall be coordinated internally.
Claims must be resolved within 10 business days counted from the day following their filing, unless, for technical justifications duly notified to the interested party, the period is extended for a maximum of 30 additional business days. In the case of an incomplete claim filing, clarification, or rectification of information, the Commercial Department shall proceed to warn (prevenir) the interested party once, that within a period of up to 10 business days, they must comply with the requirement; if they fail to comply within the granted period, the request shall be archived without further processing.
On the Approval Procedure.