Título VII. Principios reguladores de los procedimientos administrativos

The offices, registries, documents and files existing in the municipality are public and may be examined or consulted by any person, who may obtain certifications in the manner prescribed by Article 30 of the Political Constitution of the Republic.

A file shall be formed for every matter processed in writing, duly foliated with the memorials submitted and other acts of authority corresponding to the proceedings.

Interested parties shall indicate in their first pleading or personal appearance the exact address where they will receive summonses within the perimeter of the populated centers or of their residence in the municipal circumscription; if a change of address is not reported, summonses shall be made at the place appearing in the record.

Administrative files shall be advanced on its own initiative, observing the right to hearing and ensuring celerity, simplicity, and effectiveness of the procedure. Administrative action shall be free of charge.

In the substantiation and decision of matters relating to time limits, enforcement measures and notifications, the provisions of administrative and procedural laws shall apply, to the extent applicable.

The Municipalities are obligated to formulate and execute territorial ordering and comprehensive development plans for their municipalities, and consequently, they are entrusted with the function of projecting, carrying out and regulating urban planning, projection, execution and control, as well as the preservation and improvement of the environment and public beautification.

Lot divisions, parcelings, urbanizations and any other forms of urban or rural development that the State or its autonomous and decentralized entities or institutions, as well as individual or legal persons qualified for such purpose, intend to carry out or carry out, shall have the approval and authorization of the municipality in whose jurisdiction they are located.

Such forms of development, in compliance with the established requirements, shall include and guarantee, at a minimum and without any exception, the establishment, operation and administration of the following public services, without affecting the services already provided to other inhabitants of the municipality:

a)Roads, streets, avenues, medians and sidewalks of adequate dimensions, safety and quality, according to their nature;

b)Potable water and its corresponding installations, equipment and distribution network;

c)Electric power, public and residential lighting;

d)Sewerage and general drainage and residential connections; and,

e)Recreational and sports areas, schools, markets, transport and passenger terminals and health centers.

The municipality shall be responsible for ensuring compliance with all these requirements.

The municipality's territorial ordering and comprehensive development plans must respect, in all cases, sacred places or places of historical or cultural significance, among which are the monuments, areas, plazas, buildings of historical and cultural value of the communities, as well as their areas of influence.

In such plans, moreover, land use within the territorial circumscription of the municipality shall be determined, in accordance with its vocation and the growth trends of the populated centers and urban development.

The approval of the territorial ordering and integral development plans, as well as their modifications, shall be made with the favorable vote of two-thirds (2/3) of the members who comprise the Municipal Council.

The carrying out, by the Central Government or other public agencies, of public works relating to the urban development of populated centers shall be done in harmony with the respective territorial ordering plan and with the knowledge of the Municipal Council.

To build alongside roads, written authorization from the municipality is required, which it shall deny if the distance, measured from the center of the roadway to the face of the building, is less than forty (40) meters on first-category roads and twenty-five (25) meters on second-category roads.

Alcoholic beverage establishments or cantinas are prohibited at a distance of less than one hundred (100) meters from the center of the road.

To grant the aforementioned authorizations, the municipality shall also take into account the provisions contained in treaties, agreements and international agreements in force on road matters. When rights-of-way affect the entirety of a parcel of land, whether rural or urban, or the remaining surplus area cannot be devoted to any purpose, the owner shall be indemnified in accordance with the law governing the matter.

The Municipality is obligated to formulate and implement territorial ordering, integral development and urban planning plans for its municipalities, in the form and modalities established in the first paragraph of Article 142 of this Code.

Lot subdivisions, parcelings, urbanizations and any other form of urban or rural development that the State or its autonomous and decentralized entities or institutions, as well as individual or legal persons, intend to carry out or carry out, shall likewise hold a municipal license.

Such forms of development must comply with the requirements established by the municipality and, in any case, comply at a minimum with the following public services:

a)Roads, avenues, streets, medians and sidewalks of adequate dimensions, safety and quality, according to their nature.

b)Potable water and its corresponding installations, equipment and distribution network.

c)Electric energy, public and residential lighting.

d)Sewerage and general drainage and residential connections.

e)Recreational and sports areas, schools, markets, transportation and passenger terminals, and health centers, where applicable.

Prior to obtaining the municipal license referred to in the preceding article, individual or juridical persons shall guarantee compliance with all of the obligations entailed by the project through its completion, in favor of the municipality that must issue it, by means of a bond granted by any of the surety companies authorized to operate in the country, in an amount equivalent to the appraisal of the immovable property on which it will be carried out, conducted by the municipality.

If upon expiration of the prescribed time limit the project is not completed, the surety company shall pay the value of the bond to the municipality so that the latter may complete the pending works.

Prior to the granting of the deed of promise of sale or purchase-sale by subdividers or developers, the license referred to in Article 147 of this Code must be obtained, whose identification number and date of issuance shall be stated in the text thereof, a requirement without which the General Property Register shall not effect its registration.