reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225 - Territorial Ordinance (§§ 4601 — 4627) › § 4623 - Linkages

The municipalities, the Planning Board, the Permit Management Office and the Housing Department, as may be pertinent to each according to its jurisdictional scope, and pursuant to the regulations adopted by the Planning Board for that purpose and the provisions of an ordinance plan or a land use plan, are hereby empowered to provide, administer or require a project developer to accompany a project by an investment or cash contribution for the provision of affordable housing. Said investment or contribution shall not exceed five percent (5%) of the construction cost of the project. It shall be understood that the terms “investment” or “contribution” for the provision of affordable housing may include both the cession of land as well as the construction, reconstruction or improvement of buildings used or to be used as affordable housing.
The linkages shall have the purpose of propitiating that the less-favored social groups benefit from the economic growth of the municipality.
The linkage mechanism may only be imposed on highly profitable projects with a construction area of more than twenty-five hundred (2,500) square meters. Public works and improvements as well as residential projects shall be exempted from linkages, except for those whose sale price per unit is more than one hundred and seventy-five thousand dollars ($175,000). The Planning Board shall review periodically and at least every five (5) years, the limit of the aforementioned sale price, taking as a basis the fluctuations in the general consumer price index for an entire family as established and certified by the Department of Labor and Human Resources.
The moneys collected by virtue of the imposition of linkages shall be covered into the corresponding municipality or public agency and shall be used exclusively for the purpose provided in this section. In the case of a municipality the prior approval of the Municipal Legislature for the use of the funds shall be required.
History —Aug. 30, 1991, No. 81, § 13.025; Oct. 29, 1992, No. 84, § 83.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225 - Territorial Ordinance (§§ 4601 — 4627) › § 4624 - Communal facilities requirement

The municipalities, the Planning Board and the Permit Management Office, as may be pertinent to each according to its jurisdictional scope, are hereby empowered to provide, administer or require the construction of facilities, as well as the designation of lands and buildings, or to require the bonds or equivalent cash contributions, to serve the internal communal needs generated by each construction project that is authorized. Said power shall be exercised pursuant to the regulations adopted by the Planning Board for such a purpose.
A facility, or improvements to a facility planned and designed to provide the proper service level to a particular development project which is necessary for the use and convenience of its occupants or users shall be deemed to be an internal communal necessity but shall not constitute a communal necessity for the community in general. Consideration of whether the improvement or the facility is located within or outside the property shall not be deemed to be a determining factor when deciding whether the communal necessity is internal and shall only be deemed to be an external communal necessity if the improvement or the facility serves persons other than the occupants or users of the particular project.
History —Aug. 30, 1991, No. 81, § 13.026; Oct. 29, 1992, No. 84, § 84.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225 - Territorial Ordinance (§§ 4601 — 4627) › § 4626 - Regulations for new jurisdictions

In order for the jurisdictions established in §§ 4620–4626 of this title to be exercised by a municipality or by a public agency, they shall require the drafting and adoption of the regulations adopted by the Planning for this purpose. The Planning Board is hereby ordered to adopt, within the term of one year from the date of approval of this act regulations which shall provide for the use of the new jurisdictions. The regulations may determine the conditions for considering exemptions or substitutions to the terms established for the use of said jurisdictions.
History —Aug. 30, 1991, No. 81, § 13.028; Oct. 29, 1992, No. 84, § 86.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225 - Territorial Ordinance (§§ 4601 — 4627) › § 4627 - Funds

The funds appropriated to support the municipalities in the drafting of Territorial Plans and Extension Plans shall be competitive. The municipalities concerned shall submit a request to obtain of such funds to the Commissioner by means of proposal. The Commissioner shall regulate through regulations the procedures for requesting and appropriating funds.
History —Aug. 30, 1991, No. 81, § 13.029; Oct. 29, 1992, No. 84, § 87; Sept. 7, 2004, No. 258, § 35.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631b - Excavation and Demolition Coordination Center

The Excavation and Demolition Coordination Center is hereby created, attached to the Department of Transportation and Public Works, to develop and implement coordination mechanisms to protect underground installations against damages caused by excavations or demolitions, and to establish the One-Call System for the prompt receipt of excavation or demolition notices and immediate transmission thereof to operators, pursuant to the provisions of this chapter. The sole function of the Center is to develop and implement mechanisms to coordinate excavations and demolitions. It shall not issue excavation or demolition permits.
History —Sept. 11, 1998, No. 267, § 3, eff. 30 days after Sept. 11, 1998; Sept. 5, 2014, No. 149, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631d - Duties of the operator

Any operator of an underground installation or structure, including those belonging to the Government of Puerto Rico, its agencies and instrumentalities, including the municipalities, shall contact the Excavation and Demolition Coordination Center and shall furnish to the Center the name and telephone number of its representative authorized to receive excavation or demolition notices.
Upon receipt of the information, the operators who have underground installations or structures at the site to be excavated or where the demolition shall occur, shall mark the actual location of the structures as well as the approximate depth thereof, prior to the time established to begin the excavation or demolition. The identification of the location through which the installations or structures of the operators run, shall be established through colors or other identification mechanisms by the Excavation and Demolition Coordination Center by regulations, with the exception of that expressly provided by this chapter.
If an operator wishes to have a representative present during the excavation or demolition, it shall contact the excavator or wrecker and confirm the date and time of the excavation or demolition.
History —Sept. 11, 1998, No. 267, § 5, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631f - Change notice

Should the excavator or wrecker wish to change the date or time to begin the excavation or demolition, it shall notify the Excavation and Demolition Coordination Center, which shall, in turn, notify the operators of the changes proposed, as well as the new date and time of the excavation or demolition, if indicated by the excavator or wrecker. In case the excavator or wrecker exceeds the terms provided in this chapter to begin the multiple or continuous excavations or demolitions, it shall be under the obligation to comply with the requirements established in § 4631e of this title, with the exception of the provisions of subsection (j) of § 4631c of this title.
History —Sept. 11, 1998, No. 267, § 7, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631g - Exceptions in case of emergency

The provisions of § 4631e of this title shall not be applicable in the case of an emergency excavation or demolition necessary to respond to a situation which jeopardizes life, health, or property, or a situation in which the need of the citizens merits immediate action. If such is the case, the excavator or wrecker shall begin the emergency excavation or demolition immediately, taking reasonable precautions to protect the underground structures or installations and reduce the risk of accidents to a minimum, and shall notify the Excavation and Demolition Coordination Center as soon as reasonably possible, but in any case, within a period not greater than seventy-two (72) hours, after beginning the excavation. This shall not be applicable in unforeseen cases or force majeure.
History —Sept. 11, 1998, No. 267, § 8, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631h - Special circumstances

The obligation that § 4631d of this title imposes on an operator of marking the area to be excavated or demolished prior to the time set to begin the excavation or demolition, shall not be applicable when special circumstances are involved, arising from force majeure or the unforeseeable, such as: hurricanes, floods, earthquakes, labor stoppage or strike, or that which may limit the resources or the personnel needed to carry out said obligation.
In the case of special circumstances, the operator shall notify the following to the Excavation and Demolition Coordination Center:
(a) The nature and place of the special circumstance;
(b) the time the situation is expected to persist and the approximate time in which the operator shall be available to resume the task imposed by said section;
(c) the name and telephone number of the person to be contacted, should there be an emergency which requires the attention of the operator.
The Excavation and Demolition Coordination Center shall be responsible for notifying each excavator or wrecker who intends to excavate or demolish, of the fact that the operator is undergoing special circumstances, and the approximate time it will take the operator to mark the site of the proposed excavation or demolition.
The excavator or wrecker may proceed with the excavation or demolition as planned, taking reasonable precautions to protect the persons and underground structures and installations of the operator undergoing special circumstances. Emergency situations, as well as events involving special circumstances, shall not release the excavator or wrecker from financial, penal or civil liability, should an underground structure or installation suffer damages.
History —Sept. 11, 1998, No. 267, § 9, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631i - Damages to underground structures and installations

In case an excavation or demolition causes damages, or there is reason to suspect that it has caused damages to an underground structure or installation, the excavator or wrecker shall immediately contact the operator and the Excavation and Demolition Coordination Center to report the damages.
If the excavator or wrecker is not sure of who the operator is, it shall thus be informed to the Center, which shall immediately inform all operators who have underground structures or installations in or near the area in which the damages occurred.
Only the operator or the person authorized by the latter may carry out the repair works.
In case of damages to the underground structure or installation, the excavator or wrecker, after a reasonable time has elapsed after the notification to the Center, may proceed with the work and secure the area where the damages occurred with the necessary protections and measures until the operator repairs the damages or they agree on a work schedule for said repairs.
When damages to an underground structure or installation jeopardize life, health or property due to the presence of flammable material, or material which is hazardous by nature, the excavator or wrecker shall keep all possible sources of ignition away from the area in which the damages occurred and take all necessary measures for the protection of the citizenry.
History —Sept. 11, 1998, No. 267, § 10, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631j - Exceptions

The provisions of § 4631d of this title shall not be applicable in the following situations:
(a) Burial works in cemeteries;
(b) work in a secured structure or installation if the excavator or wrecker operates each underground structure in the secured installation or structure;
(c) activities carried out in private properties related to agricultural works, save that if a person exempted from this subsection chooses to comply with this chapter, and the operator fails to comply with the same, the person shall not be held liable by the owner for damages to the underground structure or installation;
(d) excavations or demolitions by or for a person who:
(1) Owns, leases or has a lease on the property in which the excavation or demolition is to be carried out, and
(2) operates all the underground structures or installations located at the site of the excavation or demolition.
(e) Underground structures or installations operated by the owner of a secured structure or installation and which are entirely located within the secured structure or installation;
(f) a structure or installation that serves only the owner of said structure or the lessee, and which is located solely on the owner’s property;
(g) an underground structure or installation that: serves a cemetery and is located solely in the cemetery;
(h) works to substitute electric power line posts when the posts to be replaced are to be installed within a thirty-six (36) inch radius measured from the exterior of the existing structure and the electric service connections located in an area between the curb and the structure; Provided, That said works shall be conducted at a depth equal to or lesser than the existing ones;
(i) works to substitute meter boxes, sanitary sewer service connections and drinking water service connections located in an area between the curb and the structure; Provided, That said works shall be conducted at a depth equal to or lesser than the existing ones;
(j) works of installation of telecommunications service connections located in an area between the curb and the structure.
History —Sept. 11, 1998, No. 267, § 11, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631l - Penalties

Any excavator or wrecker who intentionally and reck1essly defaults compliance with the provisions of this chapter shall incur a felony, and upon conviction thereof shall he sentenced to a term of imprisonment of not less than one hundred and eighty-one (181) days; or punished with a fine of not less than five thousand dollars ($5,000), nor greater than fifty thousand dollars ($50,000); or both penalties, at the discretion of the court. The court may also impose the restitution penalty.
The Secretary of Justice may, motu proprio or by petition of the President of the Public Service Commission, file before the court the corresponding action for violations of this chapter.
The provisions of this section shall not be construed as an impairment to the civil, administrative and penal liability of the excavator or wrecker pursuant to the laws in effect.
Any person who intentionally removes or otherwise disposes of any signal, mark, flag, tape, paint mark, sign or similar device which identifies any underground installation before the excavation or demolition which originates the same has concluded, shall incur a misdemeanor and upon conviction thereof, shall be sanctioned with the penalty of imprisonment for a term of not less than one month, nor greater than six (6) months or a fine of not less than two hundred dollars ($200) nor greater than five hundred dollars ($500), or both penalties, at the discretion of the court.
History —Sept. 11, 1998, No. 267, § 13, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631m - Authorization

The Puerto Rico Police, the Firefighters Corps of Puerto Rico, the Traffic Regulating Corps of the Department of Transportation and Public Works and the Municipal Police, are hereby empowered to request of any excavator or wrecker evidence of notification to the Excavation and Demolition Coordination Center.
In case law enforcement officers ascertain that the excavator or wrecker has failed to comply with the above, such default shall be referred to the Center, which shall issue a notice addressed to the Public Service Commission, which, in turn, shall handle the situation pursuant to the law and the regulations in effect.
History —Sept. 11, 1998, No. 267, § 14, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631n - Regulations

Within the first six (6) months of the effectiveness of this act, the Public Service Commission shall adopt regulations so that the purposes of this chapter are met.
History —Sept. 11, 1998, No. 267, § 15, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631o - Powers of the Secretary of Transportation and Public Works

The Secretary of Transportation and Public Works shall have the following powers, without it being understood as a limitation:
(a) To be the official responsible for administering and supervising the Excavation and Demolition Coordination Center.
(b) To negotiate and award professional and technical services contracts, and contract, in whole or in part, the services needed to comply with the provisions of this chapter.
History —Sept. 11, 1998, No. 267, § 16, eff. 30 days after Sept. 11, 1998; Sept. 5, 2014, No. 149, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631p - Powers of the Department of Transportation and Public Works

The Department of Transportation and Public Works shall have the following powers, without it being understood as a limitation:
(a) To hold hearings, resolve disputes, summon witnesses, conduct on-site inspections, administer oaths and take statements, order the production of books, documents and any other additional evidence of any nature for a complete knowledge of the matter before its consideration.
(b) To issue orders, and adopt the regulations and procedures necessary to carry out the provisions of this chapter, and establish the applicable sanctions and administrative fines for violations thereof.
(c) To issue cease and desist orders for violations of § 4631e of this title.
History —Sept. 11, 1998, No. 267, § 17, eff. 30 days after Sept. 11, 1998; Sept. 5, 2014, No. 149, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631q - Orientation and education

The Department of Transportation and Public Works shall develop and enforce an educational and orientation program for public service companies (public or private), excavators or wreckers and the public to provide them with information about the prevention of damages caused by excavations or demolitions, the duties of the Center, and the duties and responsibilities imposed by this chapter or through regulations to such effects.
History —Sept. 11, 1998, No. 267, § 18, eff. 30 days after Sept. 11, 1998; Sept. 5, 2014, No. 149, § 11.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631r - Annual report

On or before February 28 of each year, beginning in 2015, the Secretary of Transportation and Public Works shall render an annual report to the Legislative Assembly on the actions taken to enforce the provisions of this chapter. Said report shall cover the calendar year immediately preceding that in which it is filed and shall include, among other matters, the number of excavation or demolition notices filed with the Center, an account of reported accidents and damages, and a detailed account of the measures taken for the effective compliance of this chapter.
History —Sept. 11, 1998, No. 267, § 19, eff. 30 days after Sept. 11, 1998; Sept. 5, 2014, No. 149, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631s - Relation to other laws

Nothing of the herein provided shall be construed to exempt any person, public agency, quasi-public agency, municipal agency, excavator or wrecker, or others, from compliance with other laws, regulations or ordinances that require permits or authorizations, prior to carrying out the activities herein covered. Neither shall this chapter be construed to confer rights other than those herein provided. The failure to comply with the obligations established in this chapter shall be the exclusive responsibility of the person who incurs the same and shall not exempt the same from obtaining any other permit required by law.
History —Sept. 11, 1998, No. 267, § 20, eff. 30 days after Sept. 11, 1998.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 225A - Coordination Center for Excavations and Demolitions (§§ 4631a — 4631t) › § 4631t - Scope

The Public Service Commission shall devise a model plan which shall be implemented initially in the metropolitan area, and when deemed necessary, in all or part of the jurisdiction of Puerto Rico. Immediately after the approval of this act, the President of the Public Service Commission shall provide the Secretary of Transportation and Public Works with a copy of the implemented model plan, as well as of every document and information related to the process of devising and implementing said plan.
If the Secretary of Transportation and Public Works deems it necessary, he/she may modify the model plan devised or implemented by the Public Service Commission, or may devise a new model plan to take effect prospectively.
History —Sept. 11, 1998, No. 267, § 21, eff. 30 days after Sept. 11, 1998; Sept. 5, 2014, No. 149, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4653 - Delegation of legal authority

Regardless of the provisions of the § 4652 of this title, the central government may delegate any of its own legal authority to the municipalities so that they may carry out specific activities, provide certain public services, implement programs, plans or proposals, or carry out any public works project. The legal authority to implement and monitor any law or regulation may also be delegated. Wherever the term “delegation” is used in this chapter, it shall be understood to include and comprise the authorization to make transfers. The delegation of legal authority maybe done only after complying with the conditions, requirements and procedures provided in this chapter, and when:
(a) The municipality to which the legal authority is transferred commits itself to exercise it within the framework of public policy and the legal provisions that govern it.
(b) It is determined that such delegation will expedite or improve the attainment of the public purpose pursued, or that the cost of carrying out, executing and implementing it by the municipality will be the same or less than the public agency.
(c) The municipal government has the personnel and a level of operational efficiency to properly comply with or execute the legal authority to be delegated to it.
(d) The delegated legal authority is to be implemented or executed solely within the municipality’s territorial limits. However, if the statutes of the legal authority establish administrative fines, the municipality may apply the delegated legal authority to actions carried out outside of the municipality when the result or effect of the prohibited action or omission is produced within municipal limits.
(e) The municipality implements and monitors the regulations in question subject to the rules and general guidelines adopted by the central government agency.
(f) The fragmentation of rules, procedures, proceedings and regulations is averted and provisions are made for the uniform application or execution of the legal authority, regardless of the municipality to which it is delegated or the portion thereof that remains in the central government agency.
(g) The uniformity of administrative fines and penalties fixed by the by-laws of the legal authority is maintained. When the administrative fines are larger than those that the municipalities may impose under this subtitle, the execution of and agreement delegating the legal authority to the municipal government shall constitute sufficient authorization for it to impose administrative fines up to the limits established in the by-laws of the delegated legal authority.
History —Aug. 30, 1991, No. 81, § 14.003.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4654 - Delegation of legal authority—Agreements

All delegation of legal authority to a municipal government will be made by agreement, which shall provide:
(a) The total or partial delegation of the legal authority in question so that one party or the other has exclusive jurisdiction over the legal authority or it is exercised concurrently.
(b) Direct delegation to the municipality, or through the designation of an official of the corresponding public agency to work in the municipality and carry out the duties and powers proper to the delegated legal authority in all or part of the municipality’s territorial limits.
(c) A supervised delegation with the central government retaining the power to evaluate, supervise, examine, intervene and audit the execution, implementation or operation of the delegated legal authority at any time.
(d) Modify the central government’s duties and obligations towards municipalities, except the obligation to provide specific appropriations or funds, expressly provided by law.
(e) The transfer of personnel, funds, property, and others between the central government and the municipality. The municipality, with the prior authorization of the Legislature, may waive the funds that the delegating agency has earmarked for the execution or implementation of the project and carry it out with its own resources.
History —Aug. 30, 1991, No. 81, § 14.004.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4656 - Delegation of legal authority—Draft of an agreement

Any mayor interested in a delegation of legal authority shall submit a petition to the Legislature for authorization to request such delegation from the Governor of Puerto Rico. In his/her petition to the Municipal Legislature, the mayor shall include all information, data, and a description of human and economic resources, as well as the municipality’s facilities, that will tend to show that:
(a) The municipality has the capacity, systems, procedures, infrastructure, and others, to execute or implement the legal authority sought;
(b) the reasons of public interest that serve as grounds for the petition and the general benefit that the residents of the municipality will receive; and
(c) that the exercise of the legal authority of the central government shall not affect or interrupt the duties, activities, actions, programs, services and operations of a municipal character or nature.
The mayor’s petition shall be approved by two thirds (⅔) of the total number of members of the Legislature, through a resolution to such effect.
History —Aug. 30, 1991, No. 81, § 14.006.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4658 - Delegation of legal authority—Non-compliance with agreement

The consequences of non-compliance with the main obligations by any of the parties, shall be stated clearly in the delegation agreement and can provide a financial penalty for non-compliance and its resolution. In such cases, the powers, duties, functions, responsibilities or activities delegated shall revert to the delegating agency and, after an audit and inventory, the municipality shall return the property, personnel and unused funds transferred, and the Governor may require the municipality to pay the penalty agreed upon.
History —Aug. 30, 1991, No. 81, § 14.008.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4659 - Delegation of legal authority—Prohibition of discrimination

Neither the Governor nor any agency may refuse to consider and evaluate a petition for delegation of legal authority that is properly presented and documented in accordance with this chapter, and the petitions of all municipalities shall receive equal treatment. No standards, criteria or conditions that are arbitrary or unreasonable may be imposed on any municipality nor may the Governor or any agency refuse to consider a petition for delegation of legal authority for political reasons.
Any municipality that feels that arbitrary standards, criteria or conditions are being required for a delegation of legal authority, or that its petition has been subject to discrimination, may resort to the Court of First Instance, San Juan Part, with an extraordinary remedy of injunction. The municipality that promotes said remedy must allege and prove that other municipalities with similar fiscal, administrative, population and social conditions and with similar systems, procedures and infrastructure have not had the allegedly arbitrary, unreasonable or political conditions imposed on them. The court’s intervention shall be limited to the allegation of discrimination and it shall not enter into consideration of the need, convenience or justification of the delegation of legal authority sought by the petitioning municipality.
History —Aug. 30, 1991, No. 81, § 14.009.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4660 - Territorial ordinance

The delegation of transfers of the Puerto Rico Planning Board and the Permit Management Office regarding the planning and urban zoning shall be done in the measure, scope, reach and framework of the delegation authorized in §§ 4601 et seq. of this title and in accordance with the procedures and standards provided therein.
History —Aug. 30, 1991, No. 81, § 14.010; Oct. 29, 1992, No. 84, § 89.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4662 - Reduction of water supply; expenses

Municipalities may engage in efforts leading to providing water supplies to their citizens, medical and school facilities, hotels and industries, when the service rendered by the Aqueduct and Sewer Authority is interrupted by said agency and/or is substantially reduced or there is no service at all for any reason whatsoever; Provided, That the expenses incurred by municipalities shall be billed to the Aqueduct and Sewer Authority, which shall be under the obligation to pay the same, once said expenses have been certified by the director of finances of the municipality or a competent official. The acquisition of water supply services by the municipalities shall be conducted pursuant to the provisions contained in §§ 4451 and 4452 of this title.
Before proceeding to procure and/or distribute the water supplies, municipalities shall notify by any electronic means or in person through their representatives, the absence or substantial reduction of the service with a specific statement of the area or areas and a description of the problem being experienced. Said notice shall be given to the official assigned with tending to local matters of the municipality, or in default thereof, to the executive director of the agency. The Authority shall address the matter thus brought to its attention, provide the water service and take any additional measures within a term of twenty-four (24) hours of this request. Should the agency not address the issue, the municipality may provide the water supply service to its population, and the Authority shall be under the obligation to reimburse the cost of said service to the municipality, pursuant to the provided above. The water to be used for these purposes shall be taken from the official Aqueduct and Sewer Authority containers or from municipal containers duly certified by the Department of Health. In any of these cases, representatives from both the Authority and the municipality shall be present at the time of dispatch to certify jointly the volume of the water being supplied. Municipal governments that opt to get involved in this activity shall contract the responsibility of complying with the protocols required by the Department of Health, in order to ensure the quality of the water distributed, and thus, the health of the public receiving it.
History —Aug. 30, 1991, No. 81, added as § 14.012 on Feb. 5, 2002, No. 32 § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 227 - Delegation of Legal Authority (§§ 4651 — 4663) › § 4663 - Maintenance of public facilities

The Central Government agencies and the municipalities are hereby authorized to enter agreements for the transfer of public facilities and the corresponding delegation of the administration and maintenance of said facilities. The Central Government and the municipalities may negotiate agreements with resident associations and other private entities, duly authorized under the laws of the Commonwealth of Puerto Rico, as well as with members of the community, to carry out maintenance works and other related activities in public facilities within their communities.
History —Aug. 30, 1991, No. 81, added as § 14.013 on Sept. 7, 2004, No. 258, § 37.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4701 - Court of First Instance

The Court of First Instance shall take cognizance of violations to municipal ordinances.
History —Aug. 30, 1991, No. 81, § 15.001; Oct. 29, 1992, No. 84, § 90; Aug. 10, 1997, No. 67, § 1, eff. 90 days after Aug. 10, 1997.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4702 - Court of First Instance and Court of Appeals

(1) The Court of First Instance of Puerto Rico shall hear and resolve, with exclusivity, at the request of the injured party, over the following matters:
(a) Review any legislative or administrative action of any municipal official or organism that damages the constitutional rights of the claimants, or that is contrary to the laws of Puerto Rico.
(b) Stay the execution of any ordinance, resolution, agreement, or order of the Legislature, the mayor, or of any municipal official who damages the guaranteed by the Constitution of the Commonwealth of Puerto Rico, or state laws.
(c) To compel municipal officials to fulfill their ministerial duties.
(d) To resolve, by plenary action, the suits filed for damage claims for acts or omissions by officials or employees of a municipality do to malice, negligence or unexcusable ignorance.
In those cases contemplated under clauses (a) and (b) of this subsection, the legal action may only be filed within the twenty (20) days following the date in which the legislative or administrative action is performed, or that the ordinance, resolution, agreement, or order is notified by the mayor or authorized municipal official to the claimant in writing by means of copy and sent by regular and certified mail, unless otherwise disposed by law. It is hereby set forth that the term of twenty (20) days set forth in this subsection shall begin to elapse on the date in which said notification is deposited in the mail; and that same must include, but without limitation, the right of the injured party to resort to the Court of First Instance, Superior Court with jurisdiction; term for the appeal of the decision; date of filing in records of the copy of the notification, and from which date the term of prescription begins to elapse.
(2) The Court of Appeals shall review, with exclusivity, the final agreement or adjudication of the Bidding Board, which shall be notified in writing and by written copy sent to the affected party or parties by regular and certified mail. The review request shall be filed within the jurisdictional term of ten (10) days, starting from the date of deposit in the mail of the copy of the notification of the final agreement or adjudication. The notification shall include the rights of the affected party or parties to resort to the Court of Appeals for the judicial review; the term to appeal the decision; the date of filing in records of the copy of the notification, and from which date the term begins to elapse. The territorial jurisdiction shall be the Regional Circuit corresponding to the judicial region to which the municipality belongs.
History —Aug. 30, 1991, No. 81, § 15.002; Oct. 29, 1992, No. 84, § 91; Aug. 10, 1997, No. 67, § 2; Mar. 27, 2003, No. 99, § 1; Dec. 29, 2009, No. 213, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4703 - Action against a municipality—Requirements

Any person who has a claim of any kind against a municipality for personal or property damages due to the fault or negligence of the municipality shall so notify the mayor, in writing, stating clearly and concisely the date, place, cause and general nature of the damages suffered. Said notification shall also specify the amount of monetary compensation or the kind of relief appropriate for the damages suffered, the names and addresses of his/her witnesses, the claimant’s address and, in cases of personal damages, the place where medical treatment was first received.
(a) Form and time period to serve notification.— Said notification shall be presented to the mayor either by certified mail or personally, or in any other authentic manner recognized in law.
Said written notification shall be presented to the mayor within ninety (90) days of date on which the claimant learned of the damages claimed. If the claimant is mentally or physically unable to make said notification within the term established above, he/she shall not be bound to comply with it, but must make said notification within thirty (30) days of the date on which the disability ends.
If the injured party is a minor or a ward, the person exercising patria potestas or the custody of the minor, or the guardian, as the case may be, shall be obliged to notify the mayor of the claim within ninety (90) days of the date on which he/she learned of the damages claimed. The above shall not be an obstacle to the minor or ward’s making said notification on their own initiative within the specified term, if the person exercising patria potestas, or custody or guardianship fails to do so.
(b) Jurisdictional requirement.— No legal action of any kind shall be initiated against a municipality for damages due to negligence unless written notification is made in the form, manner and terms provided in this subtitle.
(c) Exception.— This section shall not modify the prescriptive term in § 5298(2) of Title 31, in any way, for those claimants who comply with its provisions.
History —Aug. 30, 1991, No. 81, § 15.003.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4704 - Action against a municipality—Limits on liability for damages

Claims against municipalities for personal or property damages caused by the fault or negligence of the municipality, shall not exceed the amount of seventy-five thousand dollars ($75,000). When damages are claimed by more than one person in a single cause of action or omission, or when a single claimant, is entitled to several causes of action the compensation shall not exceed the sum of one hundred and fifty thousand dollars ($150,000). If the court finds the damages to each of the persons exceed one hundred and fifty thousand dollars ($150,000), the court shall proceed to distribute or prorate said amount among the plaintiffs, on the basis of the damages suffered by each of them.
When a suit is filed against any municipality in accordance with the terms of this section, the court shall order that notice be given, by publication of edicts in a newspaper of general circulation, to all persons who could have a common interest, who shall appear before the court on the date specified in the edicts, to be tried jointly in order to proceed to distribute the amount of one hundred and fifty thousand dollars ($150,000) among the plaintiffs, as provided in this section.
—Aug. 30, 1991, No. 81, § 15.004.
History
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4705 - Action against a municipality—Unauthorized damages actions

Claims against a municipality for personal or property damages caused by acts or omissions of an official, agent or employee of any municipal government shall not be authorized:
(a) In compliance with a law, regulation or ordinance, even when they are null.
(b) In exercising discretional functions, even when there is an abuse of discretion.
(c) In the imposition or collection of taxes.
(d) For assault, aggression or other crimes against the person, malicious persecution, calumny, libel, defamation, and false pretenses and imposture.
(e) If they occurred outside the territorial jurisdiction of the Commonwealth of Puerto Rico.
(f) In the performance of combat operations by naval or military forces in case of war, invasion, insurrection or other emergency duly declared as such by the pertinent authorities.
Judgment entered against any municipality in accordance with § 4703 of this title shall in no case include payment of interest for any period prior to the judgment, nor shall it award punitive damages or impose attorney’s fees. The imposition of costs shall be governed by regular procedures.
History —Aug. 30, 1991, No. 81, § 15.005; Sept. 7, 2004, No. 258, § 38.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4706 - Legal aid

The Department of Justice shall assume legal representation in all legal actions by and against any municipality when the complexity and nature of the action and the budgetary situation do not allow the municipality to contract the needed professional legal services.
Municipalities may enter into agreements with each other to jointly contract professional legal services for purposes of consultation and to handle any legal claim initiated by or against them. Such an agreement shall provide for the prorating of expenses and each municipality may make the corresponding payments as if it were its exclusive undertaking or action.
History —Aug. 30, 1991, No. 81, § 15.006.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 229 - Jurisdiction of the Courts (§§ 4701 — 4708) › § 4707 - Exemption from fees

Municipal governments shall be exempt from payment of all fees required for the handling of court proceedings. They also shall be exempt from payment and use of stamps and others required by law on notarized documents or for the registration of deeds and other documents, as well as for obtaining certifications from the Property Registry. They shall further be entitled to receive free any certifications, plans, photographs, reports and documents from any state agency.
History —Aug. 30, 1991, No. 81, § 15.007.