For internal administration legally secure action at the top. For this reason, the following procedure was agreed between the district supervisory authority, the Friedrichshain-Kreuzberg district office and the owner’s representative.
The basis for the action of the district office is the decision of the administrative court of March 9, 2021. It says literally: “The respondent [das Bezirksamt Friedrichshain-Kreuzberg] is obliged by way of an interim order to oblige the residents and users of the Rigaer Straße 94 building complex by means of an immediately enforceable general order that Brandschutzbegehung of the entire building complex by the applicant [Eigentümervertreterin] commissioned fire protection inspector and a representative of the applicant on a further date to be offered by the applicant in the next few weeks to be tolerated and the To allow entry of the apartments. “The decision of the administrative court has the original requirement of the Senate towards the district office to implement the measure by way of immediate execution [so der Senatsbeschluss vom 9.3.2021], not supported.
The administrative court sees a so-called stretched administrative procedure in front. So that the fire protection inspection can take place in a legally secure manner, certain Procedural steps with fixed deadlines necessary. Before the Friedrichshain-Kreuzberg district office requested the Duldung arrangement enacts is after Section 28 of the Administrative Procedure Act a hearing of those affected. This hearing must be published in the Official Journal with 14 days’ notice. The Friedrichshain-Kreuzberg district office must ensure this for April 9, 2021 so that there is no unnecessary delay.
After the one-week hearing, the Friedrichshain-Kreuzberg district office will also publish a tolerance order in the official gazette, as stipulated by the administrative court’s decision. This tolerance regulation must also be published for 14 days.
With a view to the publication periods of the official gazette and the observance of all deadlines as well as possible objections, the “extended administrative procedure” provided by the administrative court can be carried out in a legally secure manner by the end of May. A precise date for the inspection must be found in consultation with the district office, the owner’s representative and the Berlin police. The final date will be published with the tolerance order.
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