Badalona City Council

October-2023

As a result of a report related to the legalization of the activity of an establishment located in the municipality of Badalona, ​​irregularities were found due to essential deficiencies derived from the works carried out by its owner, already noted since 2013 by the Department of Municipal Urban Discipline. Those deficiencies, not corrected in time and form, should have motivated the closure of the activity voluntarily by the owner of the activity or in a subsidiary form by the Administration. However, the property disobeyed each and every order to close the activity: it carried out the activity outside the premises without having permission. On the other hand, there is serious inaction by the City Council in the facts analyzed, which is contrary to the regulations and to the conduct that would be desirable and required by a public administration. The control and inspection measures of the commercial activity, which since 2013 did not have an enabling title to exercise it, have not led to the adoption of subsidiary enforcement measures that would guarantee the closure of the activity and neither has the opening of any sanctioning procedure been carried out against the serious irregularities committed. In this sense, the council has been urged to investigate and inspect (i) the irregularities observed in the processing of the files for the legalization of the activity and the legalization of the works carried out and modification of the number of premises and uses, and (ii) ) the irregularities detected in the procedure for reestablishing urban legality.