MAYOR'S OFFICE RESPONDS WITH LEGAL TERMINOLOGY
On Saturday, April 7th, The Mayor's office responded to the conflict on Little French Key, and with good reason, the outpour by residents, the uncertainty facing the tourism community, and the public perception of an overreach demands it.
The clarification was legally crafted and sites Honduran law as a basis for the actions taken by local officials. At best, the commentary is rooted in Honduran law, at worse, the comments are a one-sided interpretation of Honduran case law.
WHO IS MOST IMPORTANT?
Who is most important? We believe, The Tourist
Civil matters require civil discourse. While the Mayor's office might have the legal grounds and the support of local law enforcement, our free economic system requires far more civility from both local governments and our business owners.
Here is what the Mayor's office had to say:
PUBLIC CLARIFICATION ISSUED BY THE MAYOR
"To the local, national and international population, the Mayor's office of Roatan, directed by Mr. Jerry Hynds, makes the following clarification about the case of Little French Cay, which has been addressed based on the law.
In the city of Roatan, Department of the Bay Island, on the fifth day of April of 2018, the undersigned Director of Municipal Justice, issues the following resolution:
CONSIDERING: On February 26 of this year, a meeting was held by the municipal authorities such as the head of town planning, municipal environmental unit and the undersigned director of municipal justice with attorney Samuel Ortega, a legal representative of Mr. Kaveh Lahijani and the Little Man Inc. Company SA to deal with matters related to all the constructions carried out, without the proper municipal building permit, in the area of Little French Cay, according to the opinion of the Municipal Environmental Unit (UMA) and the Department of Urban Planning of the Municipality of Roatan dated 19 February 2018, informing said lawyer of the lack of municipal building permits and damage to the environment, issuing a STOP ORDER of said buildings dated February 21, 2018, this municipal department of justice issued resolution applying the sanction of the demolition of the works that are on the seabed, construction of palapas, pier and installation of artificial structures on concrete base within the sea.
CONSIDERING: That the attorney Samuel Ortega, in the condition, that he appeared, filed a motion for reconsideration before the decision issued at said before, which was denied under an order dated February 27 of this year, of which he was personally notified on March 7 in this present year.
CONSIDERING: It has been received by the Municipal Environmental Unit and the Urban Planning Department the reports dated February 27 and March 5, both of the year 2018, in which it is reported that there were new construction findings all built on the seabed such as walls, bridges, extension of quay, as well as removal of sea grass and mangrove pruning, in clear violation of the tax plan of the municipality of Roatan for not having the corresponding building permits to be built in areas of public utility, ignoring the stop order dated February 21, 2018.
CONSIDERING: That a Legal Opinion dated March 12 of this year has been received by the Attorney José Ángel Carranza Flores, Legal Advisor of the Municipal Corporation of Roatan, in which, after making a Thorough study of the merit file concludes that: "The Resolution by the Director of the Department of Justice in the hearing held on February 26, 2018, in which she orders the demolition of the recent constructions referred to by it, are within of the frame of its attributions and adjusted to right ". WHEREAS: The legal term of 15 working days established by Article 139 of the last paragraph of the Administrative Procedure Law and Article 216 of the last paragraph of the regulations to the Municipalities Act to present the corresponding appeal against the resolution issued by this municipal department of justice on February 26 of the year Two thousand and eighteen.
CONSIDERING: That it is appropriate to comply with the order of the hearing of February 26 of this year and proceed to the demolition of the buildings described above and the imposition of the corresponding fine.
THEREFORE: This Department of Municipal Justice orders the sanction of DEMOLITION of all the structures that are on the seabed, construction of palapas, pier and installation of artificial structures on concrete base within the sea and other structures that have been built without the corresponding building permit in the area of little french Cay, owned by Mr. KAVEH LAHIJANI or Company Little Man Inc. S.A. As established by the Reports of the Municipal Environmental and Town Planning Unit dated February 19, 2018, February 27, 2018 and March 5, 2018. Likewise, the fine established in the opinion issued by the Department of Urbanism and Municipal Environmental Unit, dated March 5, 2018, which amounts to the amount of SEVEN HUNDRED AND FIFTY THOUSAND EIGHT HUNDRED AND SEVENTY-EIGHT LEMPIRAS EXACT (L. 753,878.00), which should be notified to Mr. Kaveh Lahijani , to the legal representative of the Little Man Inc. SA Company, or to the legal representative. - Indicate the day Friday, April 6 from 8:00 in the morning to carry out the demolition diligence.
Whit notification to the following units and institutions: Municipal Urbanism Unit, Environmental Municipal Unit, Engineering Department, Municipal Police, Legal advice and administration of the Municipality of Roatan, in order to provide all the corresponding support for the completion of the demolition work, also free attentive office to be present at said diligence to the following institutions: Public Ministry, National Police, Naval Force of Honduras, National Commissioner of Human Rights, Institute of Forest Conservation, Representative of Marine Park Roatan, representative of the Association for the Conservation of Islands of the Bay Island (BICA) .
We rely on the following Article 13, numeral 7, 65 numeral 1, of the Municipalities Law, Article 19 numeral 1, 128 number 4 and 8, 137, 154 and other applicable ones of the Law of Police and Social Coexistence, Article 11, 16, 25, paragraphs g), k), 36 and other applicable ones of the Tax Plan of the Municipality of Roatan. COMPLY."