SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON CONSTRUCTION OF UTILITY TUNNELS AND COLLECTION OF OCCUPANCY FEES, ETC.
- Enactment No. 1000, Dec. 27, 1975
- Whole Amendment No. 3908, Sep. 29, 2001
- Amendment of Other Laws No. 4131, Jul. 25, 2003
- Partial Amendment No. 4252, Jan. 05, 2005
- Partial Amendment No. 4416, Jul. 19, 2006
- Partial Amendment No. 5133, Jul. 28, 2011
- Partial Amendment No. 5650, Jan. 09, 2014
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Amendment of Other Laws No. 6851, Mar. 22, 2018
- Partial Amendment No. 7032, Mar. 28, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
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").
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>
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>
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").
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.
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.
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>
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