It corresponds to the District Municipal Council of Paquera, by means of an agreement reached by the Municipal Council, to approve or deny temporary use permits, and for this purpose, it may authorize the Municipal Intendant to sign them, unilaterally. This shall be done through an administrative resolution, duly substantiated, in which an administered party is granted the use of a specific parcel in the restricted portion of the Maritime Terrestrial Zone under its jurisdiction. Based on said permit, the administered party may carry out all those actions that the granted permit entails and that serve for the appropriate enjoyment of the parcel, in accordance with the purposes established by the law and this regulation, actions also understood as: requesting public drinking water and electricity services from the corresponding entities, for which purpose the party must provide certification of the Municipal Agreement that grants the respective use permit for the parcel located in the restricted zone of the Maritime Terrestrial Zone.
The administered party may not develop on the site subject to the use permit any type of permanent construction adhered to the ground that could, in the future, obstruct the implementation of a regulatory plan, or come to affect the natural conditions of the zone, or hinder the free use of the public zone according to the law. When the Administration so authorizes, the interested party may place easily removable installations that are not constructions with permanent adherence to the land. Said installations may be removed by order of the administration when required by the CMDP. Any installation placed without municipal authorization from the Intendant and the Municipal Council as a deliberative body shall be considered a violation of Law No. 6043 and its regulation, and it shall be processed by the Maritime Terrestrial Zone Department before the necessary instances according to due process. These installations may only be placed in the Restricted Zone, never in the Public Zone. (Legal Opinion C-170-98 and C-100-95).
The administered party shall be obliged to pay the District Municipal Council of Paquera annually and in advance, the canon established by the administration.
The Administration of the District Municipal Council of Paquera shall provide a reasonable period of up to 15 business days to proceed with the payment of the canon established as a charge for the administered parties of the parcels located in the Maritime Terrestrial Zone.
In the event that the administered party ignores the charge made to them for this land use benefit, the Administration of the District Municipal Council of Paquera shall proceed with the archiving of the file after personal notification to the administered party so that they may file the appeal permitted under this article. If the appeal is not filed or is not resolved in favor of the appellant, this benefit shall be granted to the next applicant on the eligibility list. Prior authorization from the Municipal Council (Highest Authority), which shall authorize the Municipal Intendant to carry out said act by approval of the minutes and unilateral signatures, between both parties. When an application file remains without activity for six months or more for reasons attributable to the interested party, the application shall be deemed withdrawn and the file shall be archived after personal notification to the administered party so that they may file the appeal permitted under this article.
Every property must have the specific appraisal (avaluó) for each parcel, carried out by the independent professional assigned by the administration, in accordance with the amendment to Law No. 6043, or by the Dirección General de Tributación Directa, Department of Appraisals, based on Decree No. 37278-MP-H-T-DDL.
The administration must notify the applicant or permit holder in the event that a use permit has been granted, of said appraisals.
The income received by the CMD of Paquera, under this Regulation, for the temporary use permit in the areas of its Administrative Jurisdiction (Art. 3 of Law No. 6043 Maritime Terrestrial Zone Law), shall be distributed in a manner complementary to the provisions of article 59 of Law No. 6043. Concordance: Articles 48 to 52 and 77 of the Regulation to Law No. 6043, and to maintain strict control of applicants, notifications, support personnel, and investment in logistics. Likewise. Transitory I. The payment modality referred to in this Regulation depends specifically on the appraisal voluntarily requested by the interested party, as well as a true intention by the same to cover it, which shall implicitly include the following concepts: area, calculation based on the table of Homogeneous Values (Valores Homogéneos) of the Technical Standardization Body of the Ministry of Finance in force, requested use, geographic location, and name of the applicant, which shall be paid in advance annual installments according to the conditions established in article 12 of the aforementioned Regulation, (Legal Opinions Procuraduría C-339-2003 and C-286-2003).
Appeal for Revocation Against the administrative act carried out to the detriment of the administered party, a formal appeal for reconsideration and revocation shall be available under the following conditions:
- a)This appeal shall be optional; if chosen to be filed, it must be submitted within thirty business days following the notification of the administrative act, before the administration and the District Municipal Council, which shall be competent to resolve it. For the application of this Regulation, the norms in articles 6, 12-13, 9, 35, 63, 73 bis, transitory VII, and amended articles 50, 51, 51 bis of Law No. 6043, and 61 of the Regulation of the Maritime Terrestrial Zone, in relation to 261 of the Civil Code, the General Law of Public Administration, the current Municipal Code, and our Magna Carta in its articles 33-39-41, existing Constitutional Jurisprudence, in relation to O.J.051-96 (Legal Opinion), and Decree No. 37278-MP-HT-DDL shall govern.
(Thus amended in session No. 261 of September 25, 2019)