La Cámara en lo PCyF de la C.A.B.A. confirmó la condena a la empresa infractora por no exhibir cartel de obra ni el permiso sobre cartel de obra

SUMARIO.- En el caso, corresponde confirmar la resolución de grado en cuanto condena a la empresa infractora por no exhibir cartel de obra y no exhibir permiso sobre cartel de obra.
Ello así, el apoderado de la firma infractora sostuvo que la obra había finalizado por lo que nunca pudo haberse condenado a la firma en relación a esos hechos. Que si bien aún no se habían colocado las baldosas, ello correspondía a otra empresa, de modo que la condena es arbitraria. Que una vez finalizada la obra se retiraban los elementos preventivos y, con ellos, los carteles obligatorios.Que la decisión es arbitraria pues por un lado se sostiene que la obra “había finalizado” y, por el otro, se condena por carecer de requisitos que sólo subsisten cuando la obra está en marcha.
Al respecto la cuestión a dilucidar se centra en determinar a partir de qué momento la empresa se encontraba exenta de exhibir el cartel de obra y el permiso sobre el cartel de obra.
Cabe señalar que la actividad que realiza la firma en cuestión se rige por las disposiciones de la Ley 2634 que establece el marco legal para la realización de una o varias aperturas y/o roturas en el espacio público.
Ahora bien, conforme se desprende del artículo 11 del Anexo IV de la Resolución 972/GCBA/MAYEPG/08 del 24/06/2008 publicada en el BOCBA Nº 2961 del 30/06/2008, dictada por el Ministro de Ambiente y Espacio Público –autoridad de aplicación en la materia: “A partir de la entrega del Certificado Final de Obra que certifica el Cierre Mecánico de la Apertura el autorizado puede retirar el cartel de obra y la señalización”. Asimismo, el Anexo V establece como debe realizarse el cierre mecánico en el inciso d “En veredas” refiriendo que: “Con posterioridad al cierre de las instalaciones del servicio de que se trate, las empresas de servicio realizarán un cierre provisorio que permanecerá hasta que las empresas contratistas del Gobierno ejecuten el cierre definitivo con el solado correspondiente…Cumpliendo con todo este proceso las Empresas presentarán el Certificado Final de Obra, firmado por su representante técnico”.
Ello así, no cabe más que afirmar que el cartel de obra sólo puede ser retirado una vez que se presente el Certificado Final de Obra, lo que en el caso no ha acontecido. Resulta irrelevante en este aspecto determinar si la obra había finalizado o si el cierre efectuado por la empresa infractora era provisorio pues lo cierto es que para retirar el cartel de obra es necesario el certificado emitido por autoridad competente.

ALFA LINCE SA, Cámara de Apelaciones Penal, Contravencional y de Faltas, 13/06/17

Ver fallo completo

Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires

34 comentarios de “La Cámara en lo PCyF de la C.A.B.A. confirmó la condena a la empresa infractora por no exhibir cartel de obra ni el permiso sobre cartel de obra

  1. I just want to say I am newbie to blogging and site-building and honestly enjoyed your blog site. Very likely I’m going to bookmark your blog . You really have exceptional articles and reviews. Thanks a bunch for revealing your blog.

  2. May I just say what a relief to find somebody that truly knows what they’re discussing online. You definitely know how to bring an issue to light and make it important. More people should look at this and understand this side of the story. I can’t believe you aren’t more popular given that you most certainly possess the gift.

  3. This is becoming a little bit even more subjective, however I substantially desire the Zune Marketplace. The interface is vibrant, contains extra flair, and some cool characteristics such as ‘Mixview’ that enable by yourself all of a sudden see very similar albums, audio, or other consumers very similar toward what you are listening in the direction of. Clicking upon one of those people will center upon that merchandise, and an additional mounted of “neighbors” will occur into perspective, letting on your own to navigate around investigating as a result of very similar artists, songs, or consumers. Chatting of buyers, the Zune “Social” is also fantastic pleasurable, allowing for your self uncover other individuals with shared preferences and turning into mates with them. On your own then can hear towards a playlist produced based upon an amalgamation of what all your good friends are listening to, which is much too interesting. All those apprehensive with privacy will be relieved towards realize on your own can prevent the community from watching your individual listening routines if you so pick.

  4. The contemporary Zune browser is amazingly Fantastic, still not as Excellent as the iPod’s. It functions well, but isn’t really as immediate as Safari, and has a clunkier interface. If you once in a while method on utilizing the world-wide-web browser that’s not an issue, nonetheless if you happen to be coming up with towards go through the world-wide-web alot towards your PMP then the iPod’s bigger show and improved browser could possibly be considerable.

  5. Some genuinely great information, Sword lily I found this. “The only truly affluent are those who do not want more than they have.” by Erich Fromm.

  6. I’ll gear this overview towards 2 designs of people: recent Zune owners who are contemplating an improve, and persons trying towards choose amongst a Zune and an iPod. (There are other players really worth thinking about out there, which includes the Sony Walkman X, nevertheless I be expecting this offers yourself enough information to create an aware alternative of the Zune vs gamers other than the iPod line as properly.)

  7. The fresh Zune browser is shockingly good, yet not as optimistic as the iPod’s. It will work effectively, however isn’t as instantaneous as Safari, and is made up of a clunkier interface. If yourself often program on getting the website browser that’s not an issue, nevertheless if you are creating in direction of study the website alot in opposition to your PMP then the iPod’s larger display and greater browser may well be sizeable.

  8. Thank you for posting this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great article!

  9. This is using a bit further more subjective, however I much like the Zune Market. The interface is vibrant, incorporates additional flair, and some cool capabilities together with ‘Mixview’ that allow for your self abruptly view very similar albums, new music, or other end users related towards what you might be listening to. Clicking upon a single of those will heart upon that item, and a further fastened of “neighbors” will appear into viewpoint, making it possible for your self in direction of navigate around exploring by means of equivalent artists, new music, or customers. Chatting of people, the Zune “Social” is way too exceptional fun, making it possible for yourself track down others with shared choices and becoming friends with them. On your own then can pay attention to a playlist built based upon an amalgamation of what all your close friends are listening towards, which is way too interesting. Those people fearful with privateness will be relieved to know oneself can steer clear of the public in opposition to observing your particular person listening behavior if oneself hence just take.

  10. Sorry for the massive examine, but I’m Quite loving the clean Zune, and be expecting this, as very well as the Great critiques some other us residents consist of published, will help your self make a decision if it is really the directly preference for by yourself.

  11. This is turning into a bit added subjective, however I substantially desire the Zune Market. The interface is colorful, contains much more flair, and some cool features which include ‘Mixview’ that let yourself instantly perspective related albums, new music, or other end users comparable in the direction of what you might be listening in direction of. Clicking on 1 of individuals will centre upon that product or service, and another fixed of “neighbors” will arrive into feeling, making it possible for your self to navigate in close proximity to investigating through equivalent artists, audio, or consumers. Conversing of users, the Zune “Social” is moreover Terrific enjoyable, allowing for by yourself discover other people with shared preferences and turning into pals with them. Yourself then can pay attention towards a playlist manufactured dependent on an amalgamation of what all your buddies are listening to, which is moreover enjoyable. All those apprehensive with privateness will be relieved towards comprehend oneself can steer clear of the community in opposition to viewing your personal listening routines if yourself as a result select.

  12. Thanks for writing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great article!

  13. Sorry for the huge evaluation, but I am incredibly loving the contemporary Zune, and count on this, as perfectly as the Fantastic critiques some other people in america include penned, will help your self determine if it truly is the straight alternative for yourself.

  14. The contemporary Zune browser is astonishingly very good, yet not as Excellent as the iPod’s. It operates well, nonetheless isn’t as immediate as Safari, and is made up of a clunkier interface. If yourself sometimes program on making use of the world wide web browser that’s not an issue, however if you might be developing in direction of examine the world-wide-web alot against your PMP then the iPod’s more substantial display and better browser may possibly be considerable.

  15. In between me and my spouse we’ve owned a lot more MP3 gamers more than the many years than I can rely, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, and so on. But, the last couple of years I have solved down toward 1 line of players. Why? Considering that I was pleased to locate how well-designed and enjoyable to use the underappreciated (and greatly mocked) Zunes are.

  16. Apple by now contains Rhapsody as an application, which is a Good begin, however it is at present hampered via the incapacity towards retailer locally on your iPod, and has a dismal 64kbps little bit selling price. If this adjustments, then it will to some degree negate this ease for the Zune, but the Ten tunes per thirty day period will nonetheless be a huge plus inside Zune Pass’ like.

  17. The Zune concentrates on remaining a Transportable Media Player. Not a world-wide-web browser. Not a recreation machine. Probably inside the long run it will do even improved within those areas, nevertheless for at this time it can be a Great path toward set up and hear toward your tunes and motion pictures, and is with no peer inside that respect. The iPod’s benefits are its world wide web viewing and programs. If those people good even more powerful, possibly it is your great final decision.

  18. I am commenting to make you know of the exceptional discovery my friend’s daughter encountered visiting yuor web blog. She picked up plenty of details, not to mention what it is like to have a very effective teaching style to make other individuals smoothly know certain complex subject matter. You truly exceeded her expectations. Thank you for producing these interesting, trustworthy, educational as well as easy thoughts on that topic to Ethel.

  19. I’ve read several good stuff here. Certainly worth bookmarking for revisiting. I surprise how a lot attempt you put to make such a fantastic informative web site.

  20. Fingers down, Apple’s application retail outlet wins by way of a mile. It truly is a significant number of all sorts of apps vs a very unhappy alternative of a handful for Zune. Microsoft has plans, specially within the realm of online games, nevertheless I’m not of course I might want in direction of guess on the future if this function is sizeable towards you. The iPod is a considerably greater option inside that situation.

  21. Apple at present is made up of Rhapsody as an app, which is a Terrific get started, nevertheless it is currently hampered by means of the incapability to retail store regionally on your iPod, and is made up of a dismal 64kbps little bit price. If this improvements, then it will to some degree negate this usefulness for the Zune, yet the 10 music per thirty day period will however be a substantial additionally within just Zune Pass’ like.

  22. I’m also writing to make you be aware of what a perfect experience my girl had browsing yuor web blog. She learned lots of pieces, which included what it’s like to have an excellent giving style to make men and women quite simply master some very confusing issues. You truly did more than her desires. I appreciate you for presenting these great, trusted, informative and also easy thoughts on this topic to Jane.

  23. Thank you for writing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  24. Howdy here, just turned out to be familiar with your blogging site through Search engine, and realized that it is truly good. I will like should you continue this approach.

  25. Thank you for posting this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  26. I just hope to tell you that I am new to posting and clearly adored your post. Quite possibly I am likely to remember your blog post . You seriously have great article materials. Be Grateful For it for swapping with us your own domain post

  27. Needed to write you one little note just to give many thanks yet again for all the splendid methods you’ve featured on this website. It has been simply particularly open-handed of people like you to deliver easily exactly what many people could possibly have marketed as an ebook to make some dough on their own, particularly now that you might well have tried it if you decided. Those points also worked to be a easy way to fully grasp that many people have a similar desire just like my personal own to know the truth great deal more when considering this issue. Certainly there are a lot more pleasurable occasions in the future for many who read through your blog post.

  28. MetroClick specializes in building completely interactive products like Photo Booth for rental or sale, Touch Screen Kiosks, Large Touch Screen Displays , Monitors, Digital Signages and experiences. With our own hardware production facility and in-house software development teams, we are able to achieve the highest level of customization and versatility for Photo Booths, Touch Screen Kiosks, Touch Screen Monitors and Digital Signage. Visit MetroClick at http://www.metroclick.com/ or , 121 Varick St, New York, NY 10013, +1 646-843-0888

Los comentarios han sido cerrados.