The so-called "garbage wars" between the municipality, management companies, commercial organizations and residents of the private sector exist throughout the year, but they are especially aggravated in the spring, when the snow melts and snowdrops are far from "growing" in its place.
Undoubtedly, our city is constantly looked after. Employees of utilities monitor the cleanliness of streets and city-wide areas on a daily basis. But, despite their efforts, the problem of waste still exists, as they say, household waste is ubiquitous and endless. So, who and what areas should clean up and who is responsible for whose garbage - we will analyze in the article.
Courtyards
Recall, by law, the courtyard and the adjoining territory around apartment building are the common property of the people living in it and the owners of commercial non-residential premises and warehouses located there. Its area is clearly defined in the documents cadastral registration... All objects on the territory are also described there.
Therefore, cleaning, clearing, landscaping and improvement, collection and disposal of waste should be carried out by the management organization, which controls this house. Naturally, these services are not free and the townspeople have to pay for them. This kind work is laid down in the receipt for payment of housing and communal services in the column "current housing maintenance".
A detailed list of all the services that an economic organization must provide to residents of an apartment building is contained in the management contract. As for information on the estimated cost of services and the frequency of their provision, it is given in the annexes to the agreement. Apartment owners should be aware that the list of works in the contract is drawn up on the basis of legal rules and regulations, and not at the discretion of management companies.
Thus, the adjacent territory is, in an equal share, the property of all residents, and cleaning and maintenance are paid out of their pockets. About ten years ago in the Housing Code Russian Federation amendments were made. According to them, each owner must not only treat the common property carefully and follow the operating rules, as before, but also deduct money for its maintenance in an amount that depends on the size of the occupied space in relation to the total area of the apartment building.
By the way, the general meeting of all owners of the apartment building chooses the method of organizing the cleaning process of the local area, and then informs the management company of its decision and provides its manager with a copy of the certified document.
Complain!
If an economic organization does not comply with the terms of the contract, apartment owners have every right to apply for a recalculation of payments for the period when the service was absent or was carried out poorly or not in full, because the townspeople pay money for these works, and therefore have the right to demand their high-quality performance.
If residents do not have a copy of the signed service agreement, they can contact the property management company to provide a copy of the document.
If cleaning is carried out out of time, residents can apply (preferably write a statement) to the Criminal Code and demand that violations be eliminated. If Management Company Ignore the claims, you should contact the housing control in the department of housing and communal services, the state housing inspectorate to conduct an inspection, or, in extreme cases, to the prosecutor's office of the city of Magadan (an appeal to this structure will not go unnoticed neither for housing and communal services, nor for management companies, for anyone- or else).
Container platforms
It's not a secret for anyone that not all yards are equipped with trash containers with lids, so pictures of how stray dogs flutter bags with food leftovers, seagulls do the same, and rats dart around the bins, no one will surprise anyone. In this situation, it is more likely to pay attention to the effective use of existing objects, namely, to their number - to equip all houses with modern closed containers, from which waste will not scatter when reloaded into a garbage truck.
Today there are 347 container sites in the city. Three enterprises are engaged in their service (garbage removal) in the city: "Nadezhda", SAH, "Clean City".
Entrepreneurs
Also, container yards are often regularly littered with food cartons, crates and large bags from production. The reason for this is not the residents of the houses, but the entrepreneurs. Indeed, in most houses there are various IP objects - these are small shops, salons, offices, etc. Each of them should have its own tank, but their owners often do not conclude agreements with the Criminal Code, but amicably use the tanks of the population.
Recently, our colleague witnessed an unpleasant picture: an entrepreneur (another burger and coffee shop) drove into the courtyard nearby and used the residents' trash cans, dumping there a lot of boxes, coffee cups and other waste related to his business. Seeing a colleague, the businessman was not embarrassed for a minute, but, being a well-mannered person, he greeted. In his understanding, this is logical, why go to the city dump - it's far away, but there you also have to pay for garbage. And so, yes, it is convenient - the neighboring yard is close and free.
But there are entrepreneurs who open cafes, eateries and the like and do not want to get involved with garbage, they say, the land of the municipality, and we are tenants, so the municipality must clean our trash bins near the cafes. The municipality has a slightly different position - guys, although the land is ours, we give it to you for business, so be so kind as to put in order the adjacent territory yourself. Firstly, customers will be drawn, because it should be comfortable not only inside, but outside. It is unlikely that anyone will be attracted by the trash can at the entrance to the next coffee shop, filled to the brim with glasses, or the store's porch, littered with snow in winter. Businessmen should think not only about their income and calculation of interest, but also about the comfort of their customers - after all, these things are interconnected. Secondly, it will be fair and correct.
As a result, it turns out that almost all trading areas, shops, including small pavilions and other industries, despite their basic forms of ownership, are obliged to clean up the entire adjacent territory located near the building. Also, do not forget about administrative offense regarding not taken out or thrown garbage.
It's simple
So, everything is simple with garbage: at retail outlets and entrances to administrative buildings, trash cans should be served by the owners of outlets and buildings. In the courtyards there are management companies, homeowners' associations, service organizations. The city is responsible for cleaning streets (sidewalks), squares, recreation areas and other city-wide areas.
By the way, trash cans at bus stops that have retail outlets are cleaned by the owners of these outlets. But the stops without trade are the employees of the Green Economy Complex.
“As of today, the Green Economy Complex is servicing 90 km of sidewalks, 150 km of roadsides, 38 squares and recreation areas, bus stops. In total, approximately 2,800,000 sq. M. areas to be cleaned.
There are also more than 800 waste bins, but in addition, you have to clean up for principled merchants who themselves do not want to service waste bins near their business facilities - says the head of the MBU of the city of Magadan "Green Economy Plant" Alexei GAVRILOV.- In winter, almost all squares are not used, the frequency of cleaning is about once a week, with the exception of those through which large pedestrian flows pass (Boldyreva, 3-microdistrict, Victory Square, etc.), they are cleaned every 3 days ... In summer - every day.
About 65 people work in the current maintenance section, which provides services to all of the above, and we recruit another 30-40 seasonal workers for the summer. But this is not enough, since these same people, in addition to collecting garbage, are engaged in clearing snow in the winter, paint, whitewash, repair benches, trash cans, fences, paving slabs, steps, etc. in the summer. lawns, care for green spaces, etc. ”.
Private sector
Another problem of garbage, and perhaps the most basic one, is people, namely their disregard for others and the environment in general. We are talking about the emergence of unauthorized dumps in the forest belt and in the private sector in particular.
Most of the residents of the private sector have the following position - they will not conclude contracts (they want to save money), and in general, garbage on their territory is a problem of the municipality. We will, they say, continue to drown in our own waste, and our authorities are to blame for this. If you look at the situation, the authorities are not particularly to blame, trying to convince these stubborn people, they continue to clear the private sector.
Forest strip
With the forest belt, everything is much more complicated. Many Magadan residents do not consider it necessary to clean up after themselves after the next picnic. Although it seems that it could be easier and more obvious than to fold in the same bag in which the food was brought in, all that is left of your holiday and take it to the dumpster? Apparently, there is not enough tyam.
But still the consciousness of the townspeople in last years little by little is changing for the better. There are people, and there are many of them, who not only do not leave garbage in their places of rest, but also clean up after others. Groups of volunteers gather several times over the summer and clean the beaches of the Vesselaya, Nagaev, Gertner bays, the shores of the Solenoye and Grand lakes and other areas. They do not hesitate to scoop up perennial deposits of plastic and glass abandoned by others, but, on the contrary, are deservedly proud of it.
Also, numerous subbotniks are held annually, both as part of the month of cleanliness, and social activists themselves, eco-brigades and simply not indifferent citizens actively go out to fight waste.
Subbotniks
Of course, the municipality is not in a position to immediately restore order after winter in the city on its own. Here we need help from each of us, in this case I'm talking about subbotniks.
According to head of administrative and technical department
control of Dmitry MIGALIN, the experience of holding annual events for sanitary cleaning of urban areas has shown its importance and necessity.
“Comparing the results of the measures for sanitary cleaning of the city of Magadan in the past years, one can state an increase in the level of interest of enterprises and citizens of the city in establishing sanitary order both in the territories assigned for sanitary maintenance and at city-wide facilities. This is clearly evidenced by digital indicators.
In accordance with the decree of the mayor's office of the city of Magadan dated 04.19.2017 No. 1158 on the territory municipality"City of Magadan" On April 29, 2017, the All-Russian ecological cleanup "Green Spring" was held. 60 organizations took part in cleaning urban areas. Sectoral bodies of the Magadan City Hall, business entities, the Government of the Magadan Region, as well as other subjects and organizations of federal and regional significance, as well as teams of the Ministry of Emergency Situations, Radio Shanson, Sberbank of Russia, and the Magadansky Nature Reserve took an active part in cleaning city-wide areas. In total, 3,800 people took part in the All-Russian environmental cleanup "Green Spring". 350 m
As a reminder, in continuation of the complex of sanitary and ecological measures on the territory of the municipal formation "City of Magadan", from May 12, 2017, measures were organized and carried out for sanitary cleaning of the city territory under the motto "A clean city begins with you." According to the organizational and coordinating work of the headquarters for sanitary cleaning of the territory of the municipal formation "City of Magadan", which included the heads of departments, offices, directors of municipal enterprises of the city of Magadan, it was possible to attract a fairly large number of participants to the work on waste collection.
So, in 2017, 13,133 people or 25% of the working population of the city of Magadan went out to clean urban areas. Out of the total number of participants, 466 people took part in retail facilities, 8,340 people in social facilities, 1,364 people in management companies, 2,925 people in enterprises and organizations, 38 people in private houses.
During the month, 473 legal entities and individuals took part in the cleaning of subordinate and urban areas.
The most massive participant was recognized as the Department of Education of the Magadan City Hall (headed by Svetlana Leonidovna Kolmogorova), which attracted 6 584 people to the landscaping work.
“Based on the experience of past years, as well as taking into account the current climatic situation, it was decided to hold in 2018 on the territory of the municipality“ City of Magadan ”the All-Russian environmental cleanup“ Green Spring ”on May 18, and the month of sanitary cleaning in the period from May 21 to June 21, 2018.
In anticipation of the measures for sanitary cleaning, the administrative and technical control department of the Mayor's Office of the city of Magadan has carried out certain preparatory work.
In particular, a list of more than 170 urban areas, city infrastructure facilities has been prepared to attract enterprises and citizens of the city of Magadan to sanitary cleaning in the format of citywide subbotniks.
Also, within the framework of informing business entities about the ongoing month of cleanliness, samples of invitations have been developed. The department has begun to start holding events to present the above invitations to owners and tenants of improvement facilities, as well as to collect information on the timing and time of cleaning by business entities.
In the future, the department will conduct daily monitoring of the harvesting activities carried out in the city of Magadan, control their quality and generalize the information received.
Enterprises and individuals that do not contain adjacent territories in proper sanitary condition will be involved in administrative responsibility", - emphasizes the head of the administrative and technical control department Dmitry Migalin.
Sorrowful labor
And yet, do not forget that one by one, Magadan residents litter everywhere and constantly, and entrepreneurs and organizations are larger. As we wrote earlier, enterprises located in the city of Magadan mainly belong to the category of small and medium-sized (with a staff of up to 100 people and revenue of less than 800 million rubles per year) and do not belong to facilities of the 1st or 2nd category of hazard.
But it is they that form the lion's share of non-production waste, which is buried in our unequipped landfills, and sometimes end up in places that were not intended for disposal of waste at all - in a forest belt or on the sea coast. The volume of emissions and waste from them into the environment is quite comparable to the impact on nature of a few large industries. At the same time, not a single department has the possibility of sudden unscheduled control.
Accordingly, since the landfills are located on the territory of the municipal formation "City of Magadan", then their liquidation, in theory, if the owner of the territory is not determined, falls on the shoulders of the municipality. We must pay tribute to them, from year to year the municipality spends a huge amount of money and effort to clean the city and suburbs from landfills, and sometimes it seems useless, because where the landfill was cleaned up, it often reappears after a certain time. Unfortunately, as long as the construction of landfills goes unpunished, this sorrowful work will not end.
Garbage collection and disposal in the forest belt of MBU "Green Economy Plant" has been engaged in for many years.
According to Aleksey Gavrilov, head of the Magadan MBU "Green Economy Plant", the most painful points for the accumulation of garbage and the formation of unauthorized dumps are the private sector and traditional locations around industrial bases. For example, the base of the USIS, on Solnechny, etc. Places where there is an exit from the road, boxes, rotten fruits, vegetables are taken out there, and it is almost impossible to identify the owner of all this disgrace.
“In the private sector, citizens who have not concluded an agreement on garbage disposal traditionally throw it out in the same places, it accumulates and an ownerless dump grows up. But in any case, there should be no garbage, so the municipality is forced to liquidate such landfills at its own expense, which we are doing. Unfortunately, after a while, in the same places, mountains of garbage grow again and so on in a circle, - explains Alexey Gavrilov. - Speaking of grocery warehouses, they have contracts for the removal and delivery of waste, but for a small amount, but in fact there is more waste. It is precisely this large part that we find in the forest belt, not far from the warehouses themselves, ”says Aleksey Sergeevich.
Unfortunately, it is impossible to prove whose particular trash is. Even if documents, receipts, etc. are found among the trash. with the name and initial data of any organization, this is still not evidence. You need to specifically catch the hand.
Quite often, between the tenants of high-rise buildings and the management company serving the house, fierce disputes flare up on the topic of cleaning the local area. The owners have a lot of questions.
What does the cleaning include? Who is in charge of organizing it? How is it controlled? Do neighbors have to pay extra for these services?
Pridomovoy is the territory adjacent to a residential high-rise building. It contains: playgrounds, football fields, hockey rinks, parking for private cars, garages of neighbors and more.
By law, a plot of land next to an apartment building is the common property of all residents and owners of commercial non-residential premises and warehouses. Its area is clearly defined in the cadastral registration documents. All objects on the territory are also described there.
In addition to the above, it can be: thermal and transformer substations (necessary for decent maintenance of high-rise buildings), landscaping and landscaping items.
Thus, the adjacent territory is, in an equal share, the property of all residents, and cleaning and maintenance are paid out of their pockets. The land plot, according to the documents, is inseparable from the high-rise building itself, therefore it is serviced and operated in conjunction with it.
About ten years ago, amendments were made to the Housing Code of the Russian Federation. According to them, each owner must not only treat the common property carefully and follow the operating rules, as before, but also deduct money for its maintenance in an amount that depends on the size of the occupied space in relation to the total area of the apartment building.
Simply put, the larger his individual apartment, the more he will pay for the maintenance of the local area.
Cleaning of the local area. Who organizes?
Cleaning works are carried out by the following organizations.
- Service organizations (based on an agreement with management companies).
- By firms from the outside, with which the tenants directly entered into an agreement for the provision of the necessary services. They find workers, and in case of poor-quality cleaning duties, they are responsible to the tenants.
The way of organizing the process of cleaning the local area is chosen by the general meeting of all the owners of the apartment building, and then, informs the management company of his decision and provides its manager with a copy of the certified document.
Whatever option seems to you the most optimal, be sure to conclude an agreement in which all the main points of the performer's responsibility will be spelled out in case of failure to fulfill the obligations assumed.
In addition, the following points must be present in the agreement:
- the actual address of the apartment building;
- details and data of the management company;
- a description of the services provided and the conditions for their provision (in detail);
- the rights and obligations of both parties;
- the cost of cleaning work;
- responsibility for failure to comply with the terms of the agreement;
- the term of the contract and the possibility of its extension.
Payment order
It was noted above that the cleaning of the area adjacent to the house is paid for by the homeowners (for this, there is a separate column in the receipt for utility bills). All of them, to one degree or another, use the land plot.
Some put cars near the house, others walk on the playground with a child, others get aesthetic pleasure, breaking beautiful flower beds under the windows, etc.
The Housing Code of the Russian Federation clearly specifies the procedure for calculating the tariff for the maintenance of land owned by residents of high-rise buildings. As noted earlier, the bill will depend on the area occupied by the owner's apartment.
If the tenants of an apartment building regularly pay bills, and no one comes to clean, or the work is carried out in an insufficient amount and volume, the neighbors have the right to contact the service company with a statement to reduce the fee for low-quality services.
In the complaint, all the necessary information should be noted, detailing the description of the outstanding work.
Legal documents
The basic rules for cleaning the local area are spelled out in the following state acts:
- laws at the federal level;
- housing law;
- Instructions about technical exploitation home fund.
In each region, this list can be continued. additional documents specially designed to regulate relations between owners and service organizations.
They indicate a list of mandatory works and additional services, the timing of their execution and more. Laws adopted at the regional level must comply with the generally accepted norms of the Russian Federation.
Control over the implementation of all rules and regulations can be exercised by home owners, authorities local government as well as committees specially created for this purpose.
List of required works
The list of necessary works that must be performed by a janitor depends on the season.
In the summer, the main areas of its activity are cleaning the local area from small debris and dirt, as well as:
- mowing the lawn and low bushes;
- mowing tall grass;
- sweeping the sidewalk;
- garbage collection from playgrounds and local waste bins;
- cleaning the place next to dumpsters from waste that fell out during loading;
- watering from a hose green plantings and flower beds near the house;
- control of the delivery of sand for children's games;
- painting benches, ladders, horizontal bars and other structures in the adjacent territory;
- watering paths in hot weather (more than 30 degrees).
In winter, the duties change, and they must be performed not only by the janitor, but also by a specially hired snow plow:
- clearing roads from snow and ice for access to high-rise buildings, as well as sidewalks for pedestrian traffic;
- timely disposal of icicles on the roofs of buildings and other ledges (before the arrival of special equipment, special fences must be set up to prevent people from being in the danger zone);
- loosening snow in the place of the lawn and in young plantings;
- daily cleaning of trash bins;
- clearing the approach to the basement of the house;
- freeing the space next to the sewer hatches from ice;
- ensuring order in playgrounds and places specially equipped for active sports;
- sprinkling of pedestrian paths with salt and sand on ice.
The rules clearly regulate the frequency of such procedures: you need to remove snow over 2 centimeters thick 2 times a day (morning and evening), and sprinkle sidewalks once a day.
Maintenance of the adjacent territory is part of the entire complex of works for the operation and maintenance of the house and is included in the list of measures taken to improve the entire housing space.
Landscaping includes cleaning activities, landscaping, the construction of aesthetic and practical architectural structures (benches, flower beds, artificial decorative ornaments).
At a meeting of residents, before signing an agreement with a service organization, a list of services (general cleaning and additional duties) for which they are willing to pay money is individually determined. The decision is taken by a simple majority of votes. The cost of the necessary work is also discussed.
Control over the fulfillment of the terms of the contract
Monitoring and control over the provision of services and their quality is the responsibility of:
- owners of premises in an apartment building;
- regional Rospotrebnadzor;
- local government bodies.
If the tenants have identified a violation of the terms of the concluded agreement, they can draw up a joint or individual complaint to the city administration or other settlement... The check must be completed within a period of five working days.
What if the adjacent territory is not cleaned?
There are times when all the formalities are met, the contract is concluded, the money is regularly transferred to the account of the service organization, and no one comes to clean up.
In such a situation, tenants must apply with a corresponding statement to one of the following authorities:
- housing inspection;
- management company management;
- consumer protection service;
- judicial instances;
- local inspection.
The owners may terminate the contract due to the negligent attitude of the management company to its obligations and on general meeting choose a new service organization that will conscientiously fulfill all the clauses of the agreement and clean up the adjacent territory in a timely manner.
Local authorities can provide a list of reliable companies with an impeccable reputation, proven over the years of similar activities.
The quality of cleaning the local area directly depends on the activity and participation in this issue of the residents of the apartment building. If they take the initiative and exercise control over the activities of the janitors and management companies, positive results will not be long in coming.
Who may own the adjoining territory
The adjacent territory belongs to the owners of the premises in the MKD or to the local government. Part common property include only formed land plot, which was put on the state cadastral register. This procedure is determined by Article 16 of the Federal Law of December 29, 2004 No. 189-FZ (hereinafter - Law No. 189-FZ).
The boundaries and size of the local area are determined by the authorities state power... To clarify them, contact Rosreestr or use the public cadastral map. The fact is that the state cadastral registration of land, including for MKD, is carried out by Rosreestr. This follows from part 1 of article 3 of the Federal Law of 13.07.2015 No. 218-FZ "On state registration real estate "and Government decree of 01.06.2009 No. 457" On Federal Service state registration, cadastre and cartography ".
If the land plot for the apartment building was not formed before the entry into force of the Housing Code, you need to contact the state authorities or local self-government bodies. Any owner of the premises in the MKD can submit an application. This procedure is provided for in part 3 of Article 16 of Law No. 189-FZ.
If the territories on which MKD are located are not divided into land plots, they are divided according to special projects. Such projects are approved by the head of the local administration of the settlement or the administration of the city district.
How does the border of the local area affect the amount of work and the responsibility of the UO, HOA and Housing Cooperative?
The organization managing the MKD is obliged to maintain the adjacent territory, which is included in the common property of the MKD.
If the land plot next to the house is part of the common property, then the list of works for its maintenance must be recorded in the management contract or in the estimate.
For an MA, the proper maintenance of the local area is license requirement... This is established by clause 3 of the Licensing Regulations entrepreneurial activity for the management of MKD, approved by the Government Decree of October 28, 2014 No. 1110.
You cannot be obliged to maintain the land plot outside the boundaries that are determined by the cadastral plan for the land plot.
Cleaning, cleaning and maintenance of landscaping elements of the territory, which is not part of the common property, is not included in the services for the maintenance of MKD. This follows from clause 15 of the Rules for the maintenance of common property in MKD, approved by decree Government of 13.08.2006 No. 491 (hereinafter - Regulations No. 491).
At what expense to carry out tree crown on the local area?
Carry out such work at the expense of payment for the maintenance of the dwelling. The main condition is that the trees must grow on the site, which is part of the common property of the MKD.
To cut down dead and diseased trees, obtain permission from the environmental management and protection authority environment... This is required by paragraph 3.8.2 of the Rules and Norms of Technical Operation. housing stock approved by the decree of the Gosstroy of Russia dated September 27, 2003 No. 170.
If supervisory authorities require you to perform work on an area that is not part of the common property, object to them. Indicate the following arguments in the verification report or in a separate letter:
- if the adjacent territory is not included in the common property, the maintenance of green spaces is not included in compulsory work when maintaining the common property of the owners of premises in the MKD (sub. "c" clause 15 of Rules No. 491);
- the land plot is not listed as part of the common property under the MKD management agreement, work on the land plot is not included in the list of works and services (clause 1, part 3, article 162 of the LC);
- current repair of adjoining and courtyard territories in accordance with regional law on the organization of local self-government referred to issues local significance municipality.
MAs can be held liable for damage caused by driving on the road if two conditions are met.
- The first condition is that the road belongs to non-public roads (part 4 of article 5 of the Federal Law of 08.11.2007 No. 257-FZ "On highways and road activities in the Russian Federation and on amendments to certain legislative acts Russian Federation").
- The second condition is that the road was included in the common property of the owners of premises in the apartment building, and the MA is responsible for its maintenance as part of the provision of services for the maintenance and repair of common property. This follows from part 1 of article 36, parts 1, 2.3 of article 161, part 2 of article 162 of the Housing Code, paragraphs 2, 16 of Regulation No. 491.
Work on the maintenance of the local area depends on the elements of improvement and green spaces in yard of MKD... The types of work are divided into seasonal and permanent.
The adjacent area must be cleaned every day. Sidewalks and footpaths should be put in order, then the rest of the territory. This is established by clause 2.11 of SanPiN 2.1.2.2645-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises" and clause 3.6.8 of Regulation No. 1701.
Clean trash cans at the entrance to non-residential premises in MKD you need?
Yes, the organization managing the MKD is obliged to clean the trash cans at the entrance to the non-residential premises, if it is provided. project documentation on MKD. The entrance group is a facade element that is part of the common property of the owners in the MKD.
Do not empty the trash cans if the owner has built an entrance on his own initiative. In this case, the responsibility for cleaning lies with the owner of the premises. This follows from Article 210 Civil Code and paragraph 15 of Regulation No. 491.
Determine additional work on cleaning the territory, taking into account the peculiarities of the local area of the MKD and the wishes of the owners, for example: the organization of flower beds, the repair of children's and sports grounds, etc.
The composition of additional work on the improvement and landscaping of the local area is approved by the owners of the premises at the general meeting (clause 2.1, part 2, article 44 of the LC).
Is it necessary to paint the borders near the MKD?
Painting the curbstone is not included in the mandatory list of works and services for the maintenance of the local area.
An organization managing an MKD should paint curbs only if two conditions are met:
the curb is located on a land plot that belongs to the common property of the owners of premises in the MKD;
painting is stipulated by a management contract or an estimate. In this case, the cost of painting is included in the payment for the maintenance of common property in the MKD.
The decision of the owners of the premises, depending on the method of management, is introduced into the terms of the management agreement with the MA or into the cost estimate of the HOA, Housing and Communal Services, ZhK. The organization managing the MKD, on behalf of the owners, carries out these works. If the MKD is managed by the MA, it can make its proposals with the calculation of the cost of work when concluding a management agreement or amending the management agreement.
How many employees do you need to maintain the local area?
The law does not limit the staff of the organization managing the ICD, therefore you have the right to regulate such issues by internal local acts.
For example, for cleaning 1 sq. m of lawn from fallen leaves, twigs and debris take 34 seconds. This means that in an hour the janitor will have time to tidy up the lawn with an area of 105 sq. m. Such a calculation is given in part 3 of the Service Standards for workers engaged in work on the sanitary maintenance of households, approved by the decree of the Ministry of Labor of June 24, 1996 No. 38.
The maintenance of the local area can also be entrusted to contractors or hire employees under a fixed-term contract.
Cleaning work is divided into those that are carried out throughout the year, and seasonal. The seasons are divided into warm and cold.
Warm - the period when the average daily air temperature outside is above 10 ° C. If the temperature is 10 ° C or lower, then the cold period has come. This procedure is specified in clauses 3.3 and 3.4 of SanPiN 2.2.4.548-96 " Physical factors production environment. Hygiene requirements to the microclimate of industrial premises ".
Execution technology for different types work, depending on the period of the year, is regulated by part 3.6 of Regulation No. 170.
You are not responsible if a tree falls on the machine outside of your area of responsibility.
What threatens for improper maintenance of the local area?
For improper maintenance of the local area, the management of the MKD organization can be fined, and the responsible employee of the UO can be disqualified.
Penalty for HOA, ZhK, ZhKK is 40-50 thousand rubles, for their officials - 4-5 thousand rubles. (Article 7.22 of the Administrative Code).
Punishment for UO more severe: for legal entity- a fine from 250 thousand to 300 thousand rubles, for an official - a fine from 50 thousand to 100 thousand rubles. or disqualification up to 3 years (part 2 of article 14.1.3 of the Administrative Code).
If the GZI order is not followed, the legal entity will receive a fine of 10-30 thousand rubles, an official of the organization will be fined 1-2 thousand rubles. or disqualified for up to 3 years (part 1 of article 19.5 of the Administrative Code).
Not a single person doubts the need to clean the area adjacent to a residential apartment building. However, controversial situations often arise over who exactly is obliged to do this. It is also important to know how often the territory is cleaned, by whose forces it is monitored, and whether there are standards in the legislation related to this process.
Each residential building has an adjoining land plot nearby. It is considered to be inalienable, and in the legal sense is not considered as a separable object. The name of this site is. Let's list what it refers to:
- the land on which the residential building is located;
- children's and sports ground;
- parking lot;
- fire passage;
- green spaces;
- other infrastructure and furnishings.
Thus, on this site there are various objects that residents can use on an equal footing. The area of the territory, its boundaries and other parameters are determined cadastral passport... Based on these data, the calculation of the costs of cleaning the site is made.
Whose responsibilities include
The maintenance of the common property of an apartment building is governed by the Rules, which came into force on August 13, 2006. According to their provisions, the cleaning of the adjacent territory is carried out by the management company, whose responsibilities include the maintenance of a particular building. If the house has a HOA, then they independently conclude an agreement with a third-party organization that provides the relevant services. In this case, the named company will be held liable for the failure to comply with cleaning obligations.
Registration of an employment contract
For the provision of any services, an appropriate agreement must be drawn up in writing. This is done either by management companies or HOAs. Based of the said agreement workers with a certain frequency in it provide cleaning services for the local area. The agreement must include:
- residential building address;
- information about the management company or partnership of owners;
- powers and scope of responsibility of the parties;
- list of responsibilities;
- payment;
- validity periods.
On our website you can view and download a sample contract for the provision of services for a fee, on the basis of which it is carried out, as well as the adjacent territory.
https: //site/wp-content/uploads/2018/10/Obrazets-dogovora.doc
The janitor's responsibility
So, the agreement clearly and unambiguously describes the powers of the parties. Usually, among the rights of the cleaner indicate:
- require the provision of suitable storage space for inventory;
- make proposals for improving working conditions;
- receive materials and equipment necessary for work.
At the same time, the contract also indicates the duties of the janitor to clean the local area. Of course, the framework of his responsibility is also enshrined in it. It occurs in the event of poor-quality or untimely performance of tasks and duties, as well as for non-observance of safety measures, service instructions and orders.
Features of work
Each tenant should understand what it means to clean the adjacent territory of an apartment building. The list of services is clearly stated in the signed agreement. Along with the mandatory ones, there may be additional work... It directly depends on weather conditions, the city, its development, as well as other factors.
Who controls
Supervisory functions in this area are performed by the local administration. Also, the residents of an apartment building or representatives of the owners' partnership have the right to monitor the quality performance of cleaning duties. In case of dissatisfaction, they can contact Rospotrebnadzor so that an inspection is carried out, the perpetrators are found and brought to justice.
Payment obligations
The adjacent territory is the common property of all residents living in the corresponding building. This is stated in article 16 of the Federal Law No. 189, which on March 1, 2005 brought into force the RF JK. The location of the apartment building implies that all owners of the premises will use the adjacent plot. For this reason, each of them is obliged to pay. The amount is determined based on the area of the apartment owned by the tenant. That is, the more square meters a person owns, the higher his fee will be.
Cleaning frequency
Residents need to know how many times a day the janitor performs his duties. He usually has to do this every day. The frequency of cleaning the local area in winter sometimes increases up to two times. This happens if too much snow has fallen.
Cleaning standards for the local area
The load when the janitor performs his powers is limited to the area. The standards change from time to time, set by the municipal authorities. Then they are fixed in the employment agreement. The list of works associated with the site adjacent to a residential building depends on what time of the year they are carried out. Let's take a closer look at what the janitor is charged with in the summer and winter. The differences between them are significant.
Summer
So, when it's warm, the janitor should:
- sweep the sidewalk;
- keep the lawn tidy;
- pick up garbage from trash bins and disinfect them to avoid the appearance of flies and harmful insects.
Cleaning of courtyards in the summer also includes painting benches, fences and other objects. In addition, the worker is required to water / wash sidewalks, walkways and pavements.
In winter
In cold weather, the janitor first of all cleans the area from snow. It is cleaned from the pedestrian zone and placed in specially designated places, from where it is later taken out by means of special equipment. Cleaning the territory in the winter also means knocking down icicles, cleaning trash cans, removing the ice crust around the hatches so that no traumatic situations arise. In addition, the janitor is required to sprinkle paths and sidewalks with sand, salt or other substances that reduce the likelihood of a passerby slipping or falling.
Sanitary cleaning
Garbage bins are located near each house. Their capacity must be at least 100 liters. According to the rules, containers are installed on a specially designated concrete or asphalt site with a fence around it. The requirements are that the entrance to the waste bins must be well lit and suitable for the movement of special equipment.
If not removed at all
When a company that has certain obligations does not fulfill them, residents should write a complaint. It can be directed:
- the chairman of the HOA or the management of the Criminal Code;
- housing inspection;
- Rospotrebnadzor;
- law enforcement agencies;
- to court.
The document is drawn up in an arbitrary way, indicating in it all the facts relevant to the proceedings.
Outcomes
The land plot adjacent to the residential building is called the adjoining territory. To clean it, the management company or the association of apartment owners concludes an agreement either with an organization or with specific employees. The contract specifies the rights and obligations of the parties, as well as responsibility for non-compliance with the conditions specified in it. Cleaning is carried out daily and may include various services, the list of which depends on the season.
Pridomov is recognized as a space assigned to separate building(MKD) or several houses. Its boundaries are established on the basis of cadastral information. The adjacent territory is served together with the apartment building, as it is an integral part of it.
There are several state acts regulating the operating conditions and rules for cleaning the adjoining space:
· Decree of the Government of the Russian Federation of August 13, 2006 No. 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance of residential premises in the event of the provision of services and work on the management, maintenance and repair of common property in an apartment building of improper quality and (or) with interruptions exceeding the established duration "(hereinafter - (Resolution of the Government of the Russian Federation No. 491);
· Resolution of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 "On the approval of the Rules and norms for the technical operation of the housing stock" (hereinafter - Resolution of the Gosstroy of the Russian Federation No. 170);
· Toolkit for the maintenance and repair of the housing stock MDK 2-04.2004 (approved by Gosstroy RF) (hereinafter - MDK 2-04.2004).
The land located around the apartment building is part of a single property fund, therefore it belongs to:
· Participants of the condominium / HOA (if any);
· management organization(Housing and communal services);
· To all citizens who own housing in this apartment building.
None of the owners can donate, sell, rent out their share of the adjoining land, since it belongs to the common share property (Resolution of the Government of the Russian Federation No. 491).
The boundaries adjacent to the construction of the land are determined even at the initial stages of construction, therefore, the area of the site around the MKD for cleaning can be found out:
· From the cadastral documentation;
· From the information of the State Register.
If the residential building has not passed the cadastral registration, then you should contact the local municipal bodies to establish the size of the adjacent territory of an apartment building for cleaning.
According to the Decree of the Government of the Russian Federation No. 491, the following objects are included in the adjoining space:
- landscaping elements (flower beds, shrubs and other plantings);
- various improvement items (benches, gazebos, etc.);
- game / sports complexes;
- equipment for drying clothes;
- places / premises for cars;
- areas for walking animals;
- service substations;
- fire passages;
- sidewalks, pedestrian roads, alleys;
- street lighting and other elements;
- sites for waste bins.
The standard list of works on cleaning the yard area of the MKD can be supplemented with optional services (only with the approval of the homeowners):
· Landscaping / planting of new shrubs and other plantings;
· Improvement of the site;
· Decoration / improvement of landscape design;
· Erection of architectural structures, etc.
According to the current legal regulations each owner of a dwelling (consumer) is obliged to bear part of the costs of maintaining an apartment building, including cleaning the yard area (Article 158 of the RF LC). Tariffs for maintenance / cleaning of the land adjacent to the MKD are calculated taking into account the total living space occupied by the citizen (owner).
If the tenants are not satisfied with the quality of the services provided, then a claim (statement) should be sent to the service organization, which will need to improve the quality of the work provided, or lower the rates.
Housing and communal associations in the provision of services for the maintenance of the yard territory of the MKD adhere to the established general standards (MDK 2-04.2004). The list of works performed by them may vary depending on the current season (summer / winter / spring).
In the summer, the MC / HOA must comply with the following rules for cleaning the adjacent territory of an apartment building:
- daily sweeping, watering (at temperatures above 30 ° C) of the yard area (sidewalks, paths, access roads);
- collection of various garbage (bags, bottles, cigarette butts, etc.) from children's / sports and other playgrounds;
- cutting / watering flower beds, shrubs, trees, lawns;
- delivery of sand to playgrounds for children (sandboxes);
- painting of enclosing structures, benches, swings, horizontal bars and other structures;
- whitewashing trees, borders (if necessary);
- regular cleaning of waste bins from waste, as well as sweeping areas under them.
In winter, the responsibilities of the managing organizations include:
- clearing paths, sidewalks, access roads from ice, snow cover (manually or using special equipment);
- loosening snow in places where green spaces are planted, as well as on lawns;
- sprinkling sidewalk / pedestrian paths, entrance facilities (areas near entrances, including stairs) with a mixture of river sand and salt;
- knocking down icicles from roofs, ice from drainpipes and sewer manholes;
- cleaning bins / waste bins;
- collection of garbage from entertainment complexes;
- clearing the entrance to the basement from snow.
In case of heavy snowfalls, snow cover is removed from the adjoining area twice a day.
In the spring, utilities, in addition to basic work, are required to carry out:
- cleaning / flushing of drains and ditches;
- periodic discharge of melt water to wells / hatches;
- general cleaning of the adjoining area from dirt, debris, remaining snow.
In addition, there are generally established rules regarding harvesting operations that utilities must provide:
- arrangement of places used by special cleaning equipment (expansion of boundaries, repair of road surfaces, etc.);
- ensuring free access to inspection hatches, engineering and water supply lines, heating systems;
- allocation of areas for storage / warehousing of tools, equipment and other materials required for servicing the yard area;
- ensuring the optimal width of sidewalks and access roads;
- installation of enclosing structures no more than 60 cm high.
There are also certain restrictions regarding the improvement of the courtyard of an apartment building, according to which it is prohibited:
· Increase the number of parking spaces by reducing green areas;
· Placement of garbage containers on lawns, access roads;
· Installation of trade stalls, pavilions, booths.
Who is obliged to clean the local area?
Maintenance / cleaning of the adjacent territory of an apartment building can be provided by:
· Managing organizations with which the corresponding agreement is concluded;
· Special firms, attracted from outside, which work on the basis of a contract concluded with the owners (residents of the apartment building) or with the HOA.
The way of organizing events for the care of the yard area is chosen directly by the residents of the apartment building by holding a general meeting.
The executive organization is obliged to ensure the quality of service, however, it can only be held accountable for their improper performance on the basis of the concluded agreement. Therefore, residents must draw up an appropriate document of the standard form, which will indicate:
- details of the customer and housing and communal services / HOA (name / address);
- the subject of the contract listing all types of cleaning / maintenance work;
- the rights and obligations of the participants in an economic and legal transaction;
- responsibility of the parties;
- cleaning rates / payment methods;
- grounds for termination of the agreement;
- signature / position of responsible persons.
If the land adjacent to the MKD is not registered as an object of the general shared ownership, the local municipality is responsible for its improvement and cleaning. In new buildings, the adjoining space belongs to the developer company, but residents can privatize this territory. In this case, the responsibility for the maintenance / cleaning of the yard area will fall on all owners of the privatized object.
Sanitary cleaning and garbage collection
To ensure the necessary sanitary conditions in the area located around the MKD, the MC / HOA must:
- install on separate, asphalted / concreted areas strong waste bins with a volume of at least 100 liters, which must be painted with a persistent dye;
- fence areas around waste bins;
- provide illumination this site;
- carry out daily collection of garbage / waste from all waste containers;
- provide conditions for the entry / turn of special equipment (garbage trucks).
According to regulations cleaning the adjacent territory of an apartment building, the main cleaning activities should be carried out once a shift / in 24 hours. In winter, during heavy snowfalls, operations to clean up freshly fallen precipitation can be carried out twice a shift / day. Sprinkling the yard area with sand / salt is done as needed or once a day. Sidewalks, depending on the class, can be cleaned - once every 2 days or 1-2 times a day.
Monitoring the quality of the cleaning work performed can be provided by:
- consumers (residents of MKD);
- local government bodies;
- State Housing Inspection.
If the cleaning / maintenance work is performed in bad faith, is insufficient or is absent altogether, then the tenants have the right to file a complaint:
· To the management of the condominium / HOA;
· To the Housing Inspectorate;
· v local administration;
· To the courts;
· To the District Prosecutor's Office.
The facts of violation of the rules for cleaning the local area should be recorded in a special act, which should contain:
- document's name;
- essence of the claim (detailed description of all types of outstanding work);
- details / name of the management company;
- Full name / signature of the persons making the claim;
- MKD address, apartment numbers.
It is also necessary to draw up a written application with the requirement to recalculate according to outstanding obligations.
Residents of the MKD have the right to terminate the agreement with the guilty party and choose another institution that will maintain / clean the area adjacent to the MKD. When choosing, you should pay attention to the reputation, reliability, experience of a third-party contractor.
The information was prepared by specialists of the Citizens Information and Consulting Department using open Internet resources