Does the urban management have the right to force the removal of billboards?

Legal analysis: Generally speaking, the construction of billboards requires approval from relevant departments and cannot be built casually. The relevant departments will manage the billboards themselves, but for qualified billboards, we must obtain the approval of the owner of the billboard before we can dismantle it. If we demolish the billboard without his approval, we will face compensation for the billboard. losses.

Legal basis: Article 44 of the "Administrative Enforcement Law of the People's Republic of China" If illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement and the parties concerned shall demolish it themselves within a time limit. If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative agency may force it to be demolished in accordance with the law.

Legal analysis: The urban management has the right to remove billboards. If outdoor advertisements or neon lights are installed without consent, or if the advertisements are not removed within the specified time limit, thus affecting the appearance of the city, they shall be ordered to remove them within a time limit. If the demolition is not carried out within the time limit, a fine of not more than 3,000 yuan will be imposed on the unit and a fine of not more than 200 yuan will be imposed on the individual; if it seriously affects the city appearance and cannot be removed by itself or the ownership is unclear and it is difficult to remove it by itself, the Law Enforcement Bureau shall forcibly remove it.

Legal basis: Article 12 of the "Xi'an Outdoor Advertising Settings Management Regulations" does not allow outdoor advertising to be set up under any of the following circumstances:

(1) State agencies, kindergartens, Primary and secondary schools;

(2) Cultural relic protection units, scenic spots, outstanding modern buildings, landmark buildings determined by the Municipal People’s Government and their construction control zones;

(3) Using traffic safety facilities, traffic signs, power facilities, communication facilities, and permanent survey signs;

(4) Using windows and balconies in the residential part of residential buildings or mixed commercial and residential buildings;

(5) Using street trees and green belts or occupying or damaging green spaces;

(6) Using dangerous buildings or potentially endangering the safety of buildings, structures and facilities;

(7) Affecting the use of municipal public facilities, traffic safety facilities, traffic signs, and barrier-free facilities;

(8) Affecting the use of fire safety facilities, impeding the passage of fire trucks, and affecting escape, fire fighting and rescue, and fire climbing Firefighting;

(9) Impeding the normal life of residents or damaging the appearance of the city and the image of buildings;

(10) Affecting road traffic safety;

(11) Other situations where the municipal, district or county people’s governments prohibit the setting up of outdoor advertisements.

It is illegal to protect rights on billboards. It is illegal to protect rights by pulling banners and posting slogans.

If our billboards have received some approval from the city management department or the village committee or neighborhood committee when they are placed. Then such a building is actually a legal building.

So the forced demolition of such a building actually constitutes an illegal demolition. Then after the building is demolished, the demolishing party needs to bear corresponding legal liability. And we need to be given corresponding compensation, and it is illegal to demolish him by force.

Solutions to economic disputes by posting rights protection slogans:

1. Reconciliation, in legal terms, refers to an agreement between the litigants to handle and end the litigation. A compromise or agreement to resolve a dispute; it also refers to a way for the parties to negotiate and reach an agreement on an existing dispute on the basis of voluntary mutual understanding, and to resolve the dispute on their own.

2. Mediation. Mediation refers to the voluntary negotiation between two or more parties on the substantive rights and obligations of the dispute under the auspices of the People's Court, the People's Mediation Committee and relevant organizations, and through education and guidance, to facilitate the parties to resolve the dispute. A way to reach agreements and resolve disputes.

3. Litigation, including civil litigation, administrative review, and administrative litigation.

4. Arbitration refers to a dispute resolution in which the two parties agree to submit the dispute to a third party (with a recognized status), who will evaluate the merits of the dispute and make an award. method. Arbitration is different from litigation and trial. Arbitration requires the voluntary consent of both parties. It is also different from compulsory mediation. It is a special kind of mediation and a voluntary arbitration, which is different from compulsory arbitration such as litigation.

Reference for the above content: Baidu Encyclopedia-Billboard