SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON CONSTRUCTION OF UTILITY TUNNELS AND COLLECTION OF OCCUPANCY FEES, ETC.

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON CONSTRUCTION OF UTILITY TUNNELS AND COLLECTION OF OCCUPANCY FEES, ETC.
Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the imposition and collection of occupancy fees for utility tunnels in accordance with the National Land Planing and Utilization Act and the Enforcement Decree of the aforesaid Act. <Amended by Ordinance No. 4131, Jul. 25, 2003; Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011> Article 2 (Definition) “Utility tunnel” referred to in this Ordinance means a structure defined in subparagraph 9 of Article 2 of the National Land Planing and Utilization Act (hereinafter referred to as the "Act"). [This Article Wholly Amended by Ordinance No. 5133, Jul. 28, 2011] Article 3 (Occupancy Permit, etc.) (1) When a person who has not borne any expense incurred in the construction of a utility tunnel under Article 38 of the Enforcement Decree of the National Land Planing and Utilization Act (hereinafter referred to as the “Decree”) (including a person who fails to fully pay his/her share of expenses; hereinafter the same shall apply) intends to occupy or use the utility tunnel, he/she shall submit a written application for a permit to occupy (or use) the utility tunnel in the Form attached hereto to the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") 30 days prior to the scheduled date of occupancy or use. <Amended by Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011> (2) Upon receipt of an application under paragraph (1), the Mayor may issue a permit, subject to prior deliberation thereon by the Seoul Metropolitan Government Utility Tunnel Council (hereinafter referred to as the "Council") under Article 39-2 of the Decree. <Amended by Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011> Article 4 (Occupancy Fees and Usage Fees) (1) A person who obtains a permit to occupy or use a utility tunnel under Article 3 shall pay an occupancy fee or usage fee. <Amended by Ordinance No. 5133, Jul. 28, 2011> (2) The amount of an occupancy fee referred to in paragraph (1) shall be based on the ratio of the area to be occupied to the total expenses incurred in the construction of the utility tunnel concerned, and the area to be occupied shall be determined by the Mayor, subject to deliberation thereon by the Council, taking the utility thereof, etc. into consideration. In such cases, if expenses incurred in construction have been subsidized by the State or by any other local government, the subsidies shall be subtracted from total expenses. <Amended by Ordinance No. 5133, Jul. 28, 2011> (3) When a person who fails to fully pay his/her share of expenses incurred in the construction of a utility tunnel under Article 38 of the Decree intends to occupy the utility tunnel, he/she shall pay the unpaid amount of construction expenses plus ten percent of such unpaid amount as an occupancy fee. <Amended by Ordinance No. 4252, Jan. 5, 2005; Ordinance No. 5133, Jul. 28, 2011> (4) The usage fee referred to in paragraph (1) shall be calculated in accordance with the following standards. In such cases, a period less than one month shall be deemed one month and the minimum area for use shall be 900 square centimeters: 1. A monthly usage fee for a service period of at least one year: [The area for use × 10% of the price of neighboring land (the standard amount of real estate market price)] / 12; 2. A monthly usage fee for a service period of less than one year: [The area for use × 20% of the price of neighboring land (the standard amount of real estate market price)] / 12. Article 5 (Maintenance Fees) (1) Each person who occupies a utility tunnel shall bear expenses incurred in the management of the utility tunnel concerned (including expenses incurred in rebuilding, maintenance, disaster restoration, illumination and drainage, and other installation charges, personnel expenses, etc.; hereinafter referred to as "maintenance fees"). (2) In principle, maintenance fees referred to in paragraph (1) shall be borne jointly by persons who occupy the utility tunnel concerned, and the Mayor shall impose and collect maintenance fees according to the ratio of the area to be occupied compared to the total amount of the maintenance fees. In such cases, when the Mayor collects usage fees pursuant to Article 4 (4), the amount remaining after the deduction of usage fees from the total expenses incurred shall be the total amount of maintenance fees. Article 6 (Imposition and Collection) (1) When the Mayor intends to collect occupancy fees, usage fees, maintenance fees, etc. of utility tunnels, he/she shall issue a notice for payment stating the person obliged to pay, the amount to be paid, the due date for payment, the place of payment, etc. (2) The due date for payment of an occupancy fee under Article 4 (2) and (3) shall be the day immediately before the commencement date of construction of the facilities to be built in the relevant utility tunnel: Provided, That where the Mayor reaches a separate agreement with the person who intends to occupy the utility tunnel or deems that the person has difficulty in paying the fee in a lump sum, the Mayor may allow him/her to pay it in installments over a period of not more than five years with interest at a rate of six percent per annum. <Amended by Ordinance No. 4416, Jul. 19, 2006; Ordinance No. 5133, Jul. 28, 2011> (3) The due date for payment of a usage fee under Article 4 (4) shall be as follows: <Amended by Ordinance No. 5133, Jul. 28, 2011> 1. Where a service period is at least one year: A usage fee shall be collected for each fiscal year, and a usage fee for the first year shall be paid by the day before the commencement date of construction of the facilities built in the relevant utility tunnel and a usage fee for a subsequent year shall be paid by the end of March of the year concerned; 2. Where a service period is less than one year: A usage fee shall be paid by the day before the commencement date of construction of the facilities built in the relevant utility tunnel. (4) Maintenance fees under Article 5 shall be collected in semi-annual installments, the due dates for payment of which shall be the end of May and the end of November each year. <Amended by Ordinance No. 5133, Jul. 28, 2011> Article 7 (Filing Objections) (1) Where a person on whom an occupancy fee, a usage fee, and a maintenance fee of a utility tunnel is imposed dissatisfies with the imposition and collection thereof, he/she may file an objection with the Mayor within 60 days from the date he/she receives a notice of such disposition. (2) Upon receipt of an objection under paragraph (1), the Mayor shall make a decision on the objection and notify the petitioner of his/her decision within 60 days from the filing date of the objection. <Amended by Ordinance No. 5133, Jul. 28, 2011> (3) If a person who has filed an objection intends to file an administrative lawsuit against the imposition and collection of an occupancy fee, a usage fee, or a maintenance fee for a utility tunnel, he/she shall file the lawsuit against the Mayor within 90 days from the date he/she receives a notice of the decision made under paragraph (2). <Amended by Ordinance No. 5133, Jul. 28, 2011> (4) Notwithstanding paragraph (3), if a person who has filed an objection is not notified of the relevant decision within the period set for decision-making under paragraph (2), he/she may file a lawsuit within 90 days after the end of the period set for decision-making. <Amended by Ordinance No. 5133, Jul. 28, 2011> Article 8 (Application Mutatis Mutandis) The provisions of the Local Tax Act shall apply mutatis mutandis to matters necessary for the imposition and collection of occupancy fees, usage fees and maintenance fees of a utility tunnel as well as the methods of and procedures for filing objections not prescribed by this Ordinance. <Amended by Ordinance No. 4416, Jul. 19, 2006> ADDENDA (1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. (2) Omitted. ADDENDA <Ordinance No. 4131, Jul. 25, 2003> Article 1 (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. Articles 2 through 11 Omitted. ADDENDUM <Ordinance No. 4252, Jan. 5, 2005> This Ordinance shall enter into force on the date of its promulgation. ADDENDA <Ordinance No. 4416, Jul. 19, 2006> (1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation. (2) (Applicability) The amended provisions of the proviso to Article 6 (2) shall apply with regard to fees imposed on or after the date this Ordinance enters into force. ADDENDUM <Ordinance No. 5133, Jul. 28, 2011> This Ordinance shall enter into force on the date of its promulgation.