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According to a municipal press release, as of today, nearly 2,000 of the 10,700 garages have been moved to the pavilions.
By order of Povilas Poderskis, the director of the Municipal Administration of the City of Vilnius, approaching the scheduled deadline for the removal of the garages, September 30, it was established that it can be extended by decision of the elder in coordination with the municipality.
“We may delay the deadline for those who have actually started the postponement work, but for serious reasons cannot finish it. The owners will have to demonstrate that reason to the elders, “said P. Poderskis.
The extension period must be linked to a change in circumstances that prevent the removal of the garage or garages. In exceptional objective circumstances, the deadline for removal of a garage or garages from public land, with all extensions, may not be later than 2020. December 31
Negotiations have already started with some communities on different conditions for the construction of garages. For example, the leadership of Šnipiškės, Kernavės str. The owners of the garages located in Vilnius asked the municipalities to extend the deadline for the construction of the garages until the association solved the contracts and transferred the ownership to private plots in the Vilnius district. After the extension, the owners undertake to organize the removal themselves and to eliminate all waste.
Municipal assistance – only cooperating
“It is obvious that the decision of the municipality on the postponement of the deadline cannot become a reason to postpone the solution of the problem, especially because only with the placement of the garages until September 30, the municipality will help to clean up the abandoned territory and leveling the wells for free. Garage owners who do not heed the calls will have to renovate the territory without assistance or will receive a claim to reimburse the costs of managing the territory when the municipal company Grinda does it for them, he said Vilnius City Deputy Mayor Vytautas Mitalas.
The Vilnius city municipality administration also submitted a request to the Ministry of the Environment regarding massages from metal garages, most of which have been turned into landfills in Vilnius. According to V. Mitalas, the Ministry supports the initiative of the city of Vilnius and extends a helping hand: it will carry out inspections in garage arrangements, record violations in them due to environmental pollution and help to ensure that environmental laws are observed. .
It is reported that the capital’s administration has reached an agreement with the waste collection company EMP Recycling, which has facilitated the management of those Vilnius garage communities that immediately started organizing the removal of garages – they have installed collection stations of mobile waste. Until September 30. Mobile shopping centers in 4 main arrangements will operate on a coordinated schedule. The latest information on buying waste in garage communities can be found at garazai.vilnius.lt.
The municipality remembers that the owners can face an administrative fine for arbitrary occupation of the land (use of the same without legal basis) for not moving the garages on time. This fine ranges between € 300 and € 560 and between € 550 and € 1,200 per repeat offense.
“We urge you not to trust the ‘ideas’ that have been spreading recently in garage communities that are not losing hope of maintaining the status quo. The decisions of the municipality are based on laws, and everything that can Winning in such a case is litigation and additional costs for several years, ”said P. Poderskis, director of the Vilnius City Municipal Administration.
In the place of garages – public spaces
The state territory free of garages is necessary for the development of the city and will be used according to the needs of the residents. In some arrangements, projects are already planned, in others they are still planned.
In Karoliniškės, by removing the garages from Sietyno Street, the missing 250 m section of the street between V. Maciulevičius and R. Jankausko streets will be built. In Šnipiškės, after relocating the garages located on an 80-acre plot between Giedraičių and Kintų streets, there will be an event square, trails, small architectural elements, lighting, playgrounds and sports fields. At the end of Kernavės st. removal of metal garages located in Širvintų st. reconstruction.
Currently, there are around 10,700 illegal metal garages in Vilnius, occupying 51 ha of state land. The area occupied by the massifs of the garage is equivalent to approximately 71 football fields or almost a third of the territory of the Vingis Park.
Garage clusters hamper the development of the city’s missing infrastructure: the creation of public recreation areas, the construction of new roads for cars, pedestrians and cyclists.
Temporary metal garages in Vilnius and other Lithuanian cities began to develop during the Soviet era. At that time, metal garages were allowed to be installed on state land temporarily, for 3-5 years. But the garages remained for decades on state territory.
The Vilnius City Municipality offers answers to the most frequent questions and reflections of garage owners:
1. Removal of garages is not mandatory because they are legally built and located on state land, and the decision to remove a garage can only be made by a court.
The answer. In fact, only a court can make a decision on the forced removal of the garages, so the municipality does not remove the garages itself without a court decision. But the municipality is urging that the garages be moved, kindly giving a deadline to do so. If the deadline set by the municipality is breached, it will approach the courts, to which each garage owner will be raffled if they have not moved their garage within the established period. As a result of the lawsuit, garage owners will be inconvenienced, have to hire attorneys, and incur other financial costs.
The municipality has the right to demand the removal of the garages and this is recognized by the National Land Service of the Ministry of Agriculture. The construction of temporary metal garages on vacant state land was allowed in accordance with the decisions of the Executive Committee of the Council of People’s Deputies at that time. After Lithuania regained its independence, the functions of the Executive Committee of the Council of People’s Deputies were largely taken over by the municipalities. Meanwhile, according to the current Construction Law of the Republic of Lithuania, Article 40. 3, temporary structures (in this case, metal garages) are demolished within the time period specified in the court decision taken on the basis of the action. of the public administration entity that issued the construction permit. Thus, the municipality has the right to go to court for the demolition of metal garages.
2. The municipality has no right to impose fines.
The answer. Municipal administration officials, in accordance with the National Land Service (NJT), will provide this authority with information on offenders (owners / users of metal garages) who will not have vacated state land after the term established by the municipality. The NJT Vilnius City Division will conduct administrative investigations of misdemeanors and decide on the application of administrative liability to offenders. In accordance with article 110 of the Code of Administrative Offenses, fines of occupation or arbitrary use of the land are imposed from 300 to 1200 Eur.
3. It is worth waiting until the court satisfies the complaint filed against the municipality’s request to move the garages.
The answer. No court has decided to suspend the garage removal initiated by the municipality; such requests from metal workshop associations are rejected by courts at all levels. The Lithuanian Supreme Court has clarified that legal acts do not grant machine shop associations the rights (powers) to represent their members. Therefore, metal garage associations do not have the right to defend the interests of metal garage owners in court, all metal garage owners will participate in legal proceedings.
Although litigation can take more than a year, the case law on removing metal garages is clear and consistent: metal garages must be removed. If the garage owners do not maliciously release the state lands, they will be fined and taxes for the use of the state lands will be calculated. Additionally, garage owners will incur other costs associated with litigation during trial, such as attorneys’ fees. In case of non-compliance with the final court decisions by the garage owners, bailiffs will be used, the costs of which will also have to be reimbursed by the garage owners.
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