The residents are all malodorous.
According to Wu Jiasui, director of the Yajing Garden Industry Committee, in June last year, 5438+ 10, the store operator Liang used the store owner Guangzhou Food Enterprise Group Co., Ltd. to run a restaurant in a shop downstairs in the community. Business hours are generally from 6: 30 am to 1: 30 am. Since the opening of the restaurant, the oil smoke and waste gas have been discharged straight, and the noise of customers eating and drinking and the shouts of waiters and chefs are from morning till night every day.
It is understood that Yajingyuan, located on Shangdu Road, is a 9-story elevator-free community with more than 500 owners, and the delivery time is about four or five years. Some residents in the community said that this smoky day has lasted for more than three months.
Another owner told the reporter: Because of the problems such as lampblack and noise generated by the restaurant downstairs, there have been many disputes between the upstairs residents and the restaurant operators downstairs, and even some residents were so upset that they poured water from upstairs to the restaurant downstairs, which attracted the police to intervene in mediation. The owner has repeatedly complained to the urban management, environmental protection and industrial and commercial departments.
The community industry committee once reported to the Guangzhou Comprehensive Management Office that the owners of the community complained that the restaurant downstairs occupied the road seriously disturbing the people, and the municipal comprehensive management office handled it quickly, which made the situation better. However, because there is no catering function in the planning of Yajingyuan Community, no shop has planned a special flue. According to the introduction of the community industry committee, a shop purchased by Guangzhou Food Group Co., Ltd. on the first floor of the community has been rented out to others for cooking since the beginning of 2003, which is suspected of violating the rules. The basis is Article 3 of the Notice on Prevention and Control of Catering Service Pollution Disturbance issued by Guangzhou last year: "Building owners are not allowed to operate buildings without catering service planning function and supporting the planning of special flues, or lease, lend or contract to other units and individuals to set up catering service projects that may produce oil smoke, odor, noise, vibration, heat pollution and light pollution". Due to the owner's opposition, the two restaurants previously operated in the store had to close down one after another.
The restaurant staff called "the owner is overbearing"
The restaurant staff downstairs told reporters yesterday: "The boss here is very overbearing." The staff of the restaurant said it was unclear whether the restaurant had an industrial and commercial license and whether it was illegal to operate food.
The reporter learned from the residents of the community and the property management personnel that the shop where the restaurant was located had been operating daily necessities such as towels and underwear in the name of "Luya" before August 2003, and got along well with the residents of the community. But now this store is used to run restaurants, because of the pollution such as oil smoke, waste gas and noise, which has seriously affected the neighboring rights of residents in the community.
Some people in the legal profession said: According to Article 83 of the General Principles of the Civil Law: "The neighboring parties of real estate should correctly handle the neighboring relations in terms of water interception, drainage, traffic, ventilation and lighting in the spirit of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstacles or losses to the neighboring parties, it shall stop the infringement, remove the obstacles and compensate for the losses. " The owners and operators of shops are adjacent to other households, so the legitimate rights and interests of their neighbors shall not be infringed when using the shops.
The agent of Guangzhou Food Enterprise Group Co., Ltd., the owner of the store, said: For this store, the company signed a lease contract with Pan in 2003, and the contract period is until 2008. The operator is Pan. I don't know who the operator Liang said by the community industry committee is. The company has not signed any lease agreement with Liang, so there is no factual basis for joint liability. Liang's business behavior has nothing to do with the owner. According to the general principles of civil law, environmental pollution is a special tort, and its civil liability should be borne by the polluter. Moreover, there were clauses in the lease contract at that time, which stipulated that shops were not allowed to engage in catering and restaurant services without obtaining relevant permission.
Commercial shops should abide by relevant regulations.
According to members of the industry Committee, operators Pan and Liang may be subletting. However, no matter who is the operator, they should abide by the Regulations of Guangzhou Municipality on the Prevention and Control of Air Pollution. It is forbidden to build, expand or rebuild catering services that produce oil smoke, waste gas, stench or other odors harmful to human health in residential buildings that do not contain commercial podium, commercial and residential complex buildings with special flues and places less than 5 meters away from surrounding residential buildings. (