Inactivity is expensive municipal citizens
The City Council had to pay compensation of 24,000 euros to a affected neighboring
AEY / SEVILLA
Hall inactivity before the damage suffered by neighbors about the noise has cost dear to the citizens because, among other cases, local government was ordered to pay 24,000 euros to a neighbor for the inconvenience that for three years caused a bottle, the largest damages awarded in Spain for this kind of problem. Contentious court Sevilla 5, considered that the City was guilty of dereliction of duties by failing to act despite repeated complaints and police calls to the neighbors and despite having the "legal protection" to do so. The neighbor, who lives in Round Capuchins suffered at least during the years 2004, 2005 and part of 2006 the presence of two nightclubs and a "bottle" in the street, where the Police Local count reached 750 people, many of them making noise to less than one meter from the bedroom of the complainant.
Day 14/02/2011 - 7:23 a.m.
The statement recorded the situation created by the "cries, fights, car-disco, vomit, urine smell and lots of bottles and bags on the floor" which remained until four o'clock in the morning and, " in the case of the most recalcitrant to the seven "from Thursday to Saturday every week.
As now, about seven o'clock local cleaning company Lipasam began to collect the hundreds of bottles that were on the ground and "produced more noise than the young, because instead of just collecting them the break in the steel with wooden clubs and then absorb them, "said the statement.
The judge found that the claimant suffered a double moral damage, as with the breach of privacy suffered "the helplessness of seeing the police, who have a duty to ensure their integrity, were not terminated aggression, despite the evidence and repeated. "
At trial, the City argued that, before the call Antibotellón Act of 2006, lacked the mechanisms to act, but the sentence he should have responded under its own noise ordinance, the state noise law and the Basic Law on Local Government. In fact, when the police arrived in the area had orders not to disperse young people concentrated close to the house concerned.
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