P.R. Laws tit. 21, § 4457

2019-02-20 00:00:00+00
§ 4457. Municipal assets—Revocation of the concession of usufruct

When the mayor considers that there is just cause for the revocation of a concession of usufruct, the usufructuary shall be notified of the intent to revoke such concession in writing, with acknowledgment of receipt thereof, to his/her last known address, if his/her. name and last address is known. In the event that the lot is abandoned and the name and address of the usufructuary is unknown, the municipality may then opt to publish a notice, once, in a general circulation newspaper in Puerto Rico to inform the usufructuary and/or any interested party of the intent to revoke the usufruct.

In both cases, the municipality shall inform the usufructuaries of their right to an administrative hearing where they may state their rights and the reasons why the usufruct should not be revoked. Said hearing shall be held on the date indicated in the letter and/or notice, that is, thirty (30), days from the date on which the acknowledgment of receipt of the letter was postmarked, or thirty (30) days from the date of publication of the notice.

This hearing shall be presided over by the municipal official or employee on whom the mayor delegates, and the usufructuary may appear, “pro se” or with the assistance of counsel, and present evidence in his/her behalf. The report of the hearing, with its conclusions and recommendations, shall be forwarded, not later than fifteen (15) days following the date of the hearing, to the mayor, who shall issue his/her decision not later than thirty (30) days after the date on which he/she receives the same.

Any person who is adversely affected by the revocation of the usufruct of a municipal lot may present a request for review before the Court of Appeals with jurisdiction over the judicial district in which the municipality is, located, within twenty (20) days after the date on which a copy of the notice of the mayor’s decision and/r of the publication of the notice of the revocation is filed in the case record.

History —Aug. 30, 1991, No. 81, § 10.007, renumbered as § 9.007 on Jan. 10, 1999, No. 30, § 3; Nov. 22, 2009, No. 153, § 2.