Regional

HEALTHCARE PROBLEMS 

Acute staffing problems are being experienced at healthcare provision points in virtually all parts of the Murcia Region including Mazarrón, Puerto de Mazarrón and the local Consultorios including Camposol resulting in the inability for attention to be provided in a timely manner, this situation was predicted months ago because of the region’s shortage of doctors and medical staff which has been severely compounded by the summer holiday necessities.

Social media is featuring many threads encouraging people to complain to the authorities, while this is relevant it is important that the complaints should be directed towards the responsible authorities to have any effect which in this case is the Murcia Regional Government (CARM) and Murcia Salud (Regional Health Service), there is little to be gained by complaining to Mazarrón Council who have informed the authorities of the situation but as they have no authority, control or jurisdiction over the staff deployment in the healthcare points complaints should  be processed in the following ways:

Online form 

http://www.carm.es/web/pagina?IDCONTENIDO=26&IDTIPO=200&RASTRO=c$m

Telephone 

On 012 or 968 36 20 00 in Spanish although English speakers when available

In person/post 

The complaint form can be downloaded on the below link then by clicking on the blue download link, after completion these can be handed in to the Consultorio or sent by post to :- Dirección General de Regeneración y Modernización Administrativa, Edificio Galerías, Avda. Gran vía Escultor Salzillo nº 32, 30005 – Murcia

https://sede.carm.es/web/pagina?IDCONTENIDO=1645&IDTIPO=200&__EXCLUIR_BUSCADOR_CARM=SI&PAGINA=https%3A%2F%2Fdexel.carm.es%2Fdocumentos%2F2008%2FImpreso+manual+reclamaciones.docx

Electronically  

This requires an electronic DNIe, Digital certificate or Cl@ve on this link

https://sede.carm.es/web/pagina?IDCONTENIDO=2008&IDTIPO=240&RASTRO=c$m40288


August 1 – 31 – DOCTOR Monday, Wednesday, Friday – NURSE Pending confirmation.

Health update 

The Mazarrón Councillor for Health has announced that is has been agreed with the Murcia Regional Health Authority that the Camposol Consultorio (Doctors surgery) will have nurse attendance Monday to Friday (5 days), admin staff will also be present during the same period.


 

REPORT SUSPECTED SQUATTERS ANONYMOUSLY. The Regional Government provides an anonymous reporting channel – alertaokupas@carm.es – where full information should be supplied to identify the affected home and its location, such as the address of the property (number, street, urbanisation etc) and the municipality in which the property is located, the Regional Government (CARM) will inform the security forces (Policia Local, Guardia Civil) so that they can evaluate the case and respond as appropriate.

Incidences of squatters continue to be a problem not only on Camposol but also in Mazarrón and the rest of the Murcia Region, Covid19 has exacerbated the problem along with organised gangs who are exploiting the situation, the Murcia Regional Government (CARM) has also published an anti- squatter manual, here are some excerpts that may prove useful:-

Legal framework

House squatting fits into one of these two legal assumptions:

– forced entry (break-in), occurs if the house is considered a dwelling, is secure and habitable and may have been inhabited at some time

– usurpation (occupation), which occurs if the property is not considered a dwelling, it has not been completed or maintained (is not secured), or is not a place that is regularly inhabited.

A forced entry or break-in carries higher level of legal protection, and when it is clear that someone’s dwelling has been occupied, the eviction is carried out quickly and, if necessary, forcefully.

Usurpation on the other hand, is only a minor offence (not considered a crime) so the eviction procedure is very tedious and takes a long time, usually more than three years.

A big problem occurs when a home is usurped or occupied and becomes the abode of the squatter. In such cases, the eviction is very complicated and there are situations that clearly go against the spirit of the legal system and the democracy itself, violating the principle of private property enshrined in Article 33 of the (Spanish) Constitution.

Squatter profile

Traditionally there have been three different types of people who carry out the squatting of homes:

– Needy families who encounter severe difficulties in accessing a home. They perform specific squats for the minimum time that they need to alleviate the situation of vulnerability. They usually settle in an empty home, a repossessed property, or in the vicinity of the same. (Social Services are being supplied with new channels to expedite rehousing in these cases)

– Anti-establishment collectives who are exponents of a type of commune life, associated with radical ideology. Squatting in abandoned houses or peripheral areas, cause deterioration with graffiti and proclamations of a political nature and organise what they call “cultural activities” which are a way of trying to spread their ideology. They are commonly associated with small-scale criminal activities: (drug) dealing, petty theft, theft of provisions, etc.

– Mafias or organised gangs that operate outside the law but with deep knowledge of it, who squat in houses and even trade them. They are associated with public disorder of increasing intensity, more serious criminal activities, threats, intimidation, etc. They end up degrading entire neighbourhoods and causing social disorders that can become serious.

Currently, (in the Region of Murcia) the vast majority of squatting cases that occur are of the third type.

– Manual of Good Practices and Measures against Squatters –

1. AVOID THE FEELING OF EMPTY OR ABANDONED HOUSING.

An empty mailbox, blinds at half height and some plants on balconies or terraces will give the feeling that the home is inhabited preventing it from being an easy target for squatters. Light and water timers are very low cost ways to generate the appearance of dynamism in the home.

2. DO NOT CANCEL YOUR ELECTRICITY AND WATER SERVICES.

If your home does not have electricity and water supplies connected, it will be more difficult and increase the cost of proving that it is your residence, it will be presumed that it is not a break-in and the squatting could be processed as usurpation which may lead to delays in regaining possession.

Where possible open a contract with digital remote reading service of the electricity/water meters to detect possible illegal usage of the supply network in the home.

3. NOTIFY YOUR NEIGHBOURS OR COMMUNITY OF OWNERS.

Notify your neighbours or community of owners and leave them a contact telephone number to be notified of any strange, suspicious or squatting activities. Action in the first 48 hours is very important.

Neighbours’ testimony about the homeowner can be conclusive evidence in proving the residence status of the legitimate owner.

4. INSTALL SECURITY MEASURES.

Install or replace your front door with one of greater security and/or its lock to make it difficult to enter and deter squatters, who will be forced to use more complex tools and means, generating noise and nuisance that would alert the neighbours.

In the case of homes with less frequent use or far from inhabited nuclei, well maintained and painted doors and windows etc is advised.

5. CONTRACT HOME INSURANCE WITH SPECIFIC COVERAGE.

Take out insurance with specific coverage for squatting so that in case you have to rent accommodation because you are deprived of your own, insurance will cover the extra expenses, as well as the damage that the squatters may cause.

6. CONTRACT AN ALARM WITH CAMERA (CONNECTED TO CENTRAL MONITOR OR NOT).

Having an alarm can deter squatters or warn neighbours of imminent squatting. If it has a camera and cloud storage you will have evidence to justify a search of your home and the use of force by the security forces.

7. LET YOUR HOUSE.

In case of your home being unoccupied for long periods, letting it can be an option that deters squatting, can ensure its maintenance and supply an income. It is recommended that specialized agents are used to avoid problems derived from a deficient contract that may result in bad tenants.

8. AVOID POSTING “FOR SALE” OR “FOR RENT” POSTERS.

Avoid placing posters on your balcony or terrace when selling or renting, use online platforms as far as possible, indicating the approximate location of your home. Those interested in your home will contact you or the sales agency having to identify their selves in order to visit the property which will dissuade potential squatters.

FIGHTING ILLEGAL OCCUPATION IS EVERYONE’S RESPONSIBILITY


Misinformation – The Regional Assembly Report was a set of instructions for the Town Hall to follow

Correction:-

Regional Report with progress reports in blue italics

The Report contained 14 proposals and was approved by Murcia Regional Assembly in March 2018, it should be pointed out that of the 14 proposals, only five directly recommended action from Mazarrón Council, proposals 1,2,5,9 and 10 all these have been actioned as far as is possible within prevailing physical and financial constraints, it should also be noted that in context of the Report (around 40 pages) the first two proposals only address the Rambla de los Aznares (Sector D) subject, not urbanisation wide issues.
Apart from the 5 recommendations to Mazarrón Council, the other proposals, 3,4,6,7,8,11,12,13 and 14 made in the Assembly’s report are addressed to CARM (Regional Government), CHS (National Government), Regional Public Prosecutor, the National Council of Deputies and the Court of Audit, all of whom are outside Mazarrón Council’s control.

Of the 14 proposals, 12 contain the word “Recomendamos” (We recommend) or “Recomendar” (To recommend), number 13 starts with “Plantear” (To suggest) and number 12 indicates the Report’s distribution, there are no proposals that contain any reference to “instruction”, “mandate”, “order” or derivative of the same, therefore it is not possible for Mazarrón Council to oblige action from either the CHS or CARM.

The proposals in the finished Report were considered disappointing as during the Report’s formulation by the political parties (PP, Ciudadanos, PSOE, Podemos), the then Regional Secretary General of the PSOE gave a press conference stating that in their opinion Camposol should be temporarily taken over by the Regional Government in order to fund and complete the urbanisation, however the Regional governing coalition (PP & Ciudadanos) made it clear they would not give approval of that course of action and moved for a compromise of recommendations which was adopted in the report and approved in the Assembly Plenary.

For information, below is a translation of the 14 proposals and progress thus far (in blue italics) as follows:

First
In recognition that it is not possible to solve the serious problems created for the almost 5,000 inhabitants of the Camposol urbanization unless there is a manifest will on the part of all the administrations involved to do so using joint ways and means. It is for this reason, we recommend the creation of a Roundtable Committee in which Mazarrón Town Hall, the CARM (Comunidad Autónoma Región de Murcia – Regional Government) and the CHS (Confederación Hidrográfica del Segura – Part of National Government Waterways Authority) will have the facility to plan, coordinate and execute the necessary measures for the prompt reversal of the current situation to that of legality.

In August 2019 the current Mazarrón Council Pleno ratified the creation and its inclusion in the “Roundtable”, which aimed solely at finding a solution to the Rambla Aznares issue in Sector D, copies of the minutes and an invitation to attend the first meeting were forwarded to CARM (Regional Government) or CHS (National Government,) no reply has been forthcoming from either authority, Mazarrón Council does not have any power or authority to demand involvement or attendance by the two authorities CARM (Regional Government) or CHS (National Government), Mazarrón Council also expanded the proposal to include a presence by the Camposol Residents Association which was not part of the Assembly’s original proposal.

Second
Although it is true that the adaptation of the PGOU (General Plan) of Mazarrón in relation to the factual reality of the Plan Parcial El Saladillo Sector B, C, D and F is not an orthodox procedure, we understand that at the moment it is the most acceptable of the solutions to legalize the urban planning of the Camposol urbanization. It is therefore, to recommend to the administrations (local, regional and central), within the (Roundtable) Committee, that the first point proposed is, to agree on the quickest way to do so. Always considering that urban planning has to be guided by defence of the general interests, more specifically to urban public interest, with absolute respect for the legalities.

We must not forget that the adaptation of planning to the reality poses a risk of incurring a possible misuse of power that could be grounds for nullifying such planning, according to that which has been established by the Supreme Court, so there has to be extreme caution in this regard. On the other hand, it should not send out the message that this is only one or two illegal homes. This problem involves 700 illegal homes, the problem is in the planning.

Mazarrón Council has initiated what the Report calls “not an orthodox procedure” of adapting plans to legalise Camposol’s 700 illegal homes inside the Rambla boundaries by commissioning technical reports/studies for re-routing the rambla in order to allow the CHS to relinquish the claim on the land delineated on the original route, but further progress cannot be made without the co-operation of the other 2 authorities (CARM & CHS) who have to approve or modify the proposed plan, until this occurs the process cannot move forward in a timely manner.

Third
We recommend the immediate intervention of the CARM under the provisions of Article 280 of territorial and urban planning law 13/2015, of 30 March (2015) of the region of Murcia. In order to determine the legal status of the Camposol urbanization, whether or not the works are adopted as referred to in the agreement of the JGL (Council Governing Board) dated August 22, 2014, to advance the request for the review and action laid down in Articles OS 65 and 66 of law 7/1985 of April 2, regulatory base of the Local Regime and eventually will come to be replaced by Municipal powers to be exercised effectively.

Addressed to CARM (Regional Government)

Fourth
We recommend that the Regional Government urge the CHS to demand the urgent execution by Mazarrón Council of the technical solution equivalent to the replacement of the original land of the Rambla de Los Aznares, duly authorized by the River Agency (CHS), in the stipulated period of two months, with the warning to the Town Council that not to do so in the aforementioned term, it will proceed, at its cost, the execution of this measure, by means of forced execution.

Addressed to CARM (Regional Government), who have all documentation available on all proposed alternative options for rambla re-routes as supplied by Mazarrón Council, no action from CARM thus far.

Fifth
We recommend that Municipal Council of Mazarrón are required to accept the hereditary responsibilities and corresponding economic liabilities that will arise for the Town Hall of Mazarrón, as a result of the negligent management exercised in the planning, procedure and execution of the PP (Plan Parcial) El Saladillo Sector B, C, D, F.

The current Mazarrón Council have accepted “the hereditary responsibilities and corresponding economic liabilities”, Camposol is now included in municipal works and services programmes and was allocated 500,000€ in the 2020 municipal budget, which COVID measures permitting will fund remedial work and improvements to the urbanisation.

Sixth
To recommend to the CHS to carry out the obligatory demarcation of all the DPH (Government owned land) of the Segura basin and its subsequent recovery, in particular to the relative area corresponding to the Camposol urbanization, in the municipality of Mazarrón.

Addressed to CHS (National Government)

Seventh
To recommend that the CHS exercise extreme diligence during the time of reporting the urban actions taken in protecting the DPH and do not forget, for reasons of safety, both legal and physical, of the owners and inhabitants of the urbanized zones.

Addressed to CHS (National Government)

Eighth
To recommend that a better and more efficient inter-administrative coordination between the CARM and the CHS in everything that affects the protection of DPH and floodable zones as laid down in the regulations in force.

Addressed to CHS (National Government) and CARM (Regional Government)

Ninth
To recommend to the local administration (Mazarrón Council) that the mechanism of the enforcement of the (Justo y Manoli SL – MASA Promotor) bonds/guarantees is especially effective, without delaying its implementation as there is already on record noncompliance on the part of the promoter (MASA).

Previous Mazarrón Councils were late or delinquent in instigating claims on the Developer/Promotor guarantees and Court awards, the current Council has attempted to enforce the bonds but the holding bank (Banesto) and treasurer bank (Santander) have blocked this citing legalities, plus the Justo y Manoli/MASA insolvency administrator, Auren Concursal S.L.P. has made legal claim on them as Mazarrón Council’s enforcement was initiated by the previous Council in late 2015 after the JyM (MASA) bankruptcy declaration, the current Council is pursuing this through legal channels.

Tenth
We recommend that the Mazarrón Council resolve in the shortest time possible the provision of water and sanitation service to the houses that are currently affected.

The Depuradora (Sewage treatment plant) was completed and commissioned in September 2018 approximately 6 months after the regional Report was published, as part of the Regional Government Sanitation initiative (EDAR), plus Aqualia replaced the waste pumps on all sectors and rebuilt pumping stations which has continued under this Council’s EBAR sanitation programme, including in 2020 total rebuild and refit of pumping station on Sector C, the sewage infrastructure is now fully functional.

Eleventh
We recommend that the Congress of Deputies (Madrid) create a Commission of Inquiry into the illegal occupation of DPH in Ramblas and channels of the CHS territory, demanding an account of responsibilities to that agency if any are found.

Addressed to Congress of Deputies (National Government) referred to the Court of Audit in October 2018 who started an investigation into “accounting irregularities” particularly 2.7 million bank guarantees, no conclusion announced, but this would not affect Camposol in physical terms as it would only seek to establish historical criminal offences, not reclamation of funds.

Twelfth
In conclusion it is necessary to transfer this report to the Regional Governing Council (CARM), Mazarrón Town Council, the Hydrographic Confederation of the Segura (CHS) and also in accordance with the art.72.2. The Rules of the Chamber, the (Regional) Public Prosecutor, to investigate any actions that have arisen in the present case indicating evidence of the alleged commission of criminal offences, for the attention of the Public Ministry of these conclusions and all the actions taken by this paper within the Territorial Policy Commission of the Regional Assembly, and also the Court of Audit of the Kingdom of Spain in case there is evidence of any action from which could have derived some type of accounting responsibility.

The Regional Public Prosecutor received the report and files in April 2018 initiations investigations May 2018, in November 2018 the prosecutor closed the investigation declaring criminal prosecution cannot be initiated as the actions contained in the documentation were “Prescrito” (Time Barred), for charges to be brought any criminal act would have had to be reported before 2013/14 to be within the 10 year Statute of Limitations, Court of Audit actions referred to in Proposal Twelve action.

Thirteenth
To suggest the reinforcement with sufficient legislation to comply with the deadlines for the resolution of plans and projects established in law 13/2015, as well as in relation to urban inspection.

Recommendation to Regional and National authorities for future legislation concerning urban planning.

Fourteenth
We recommend that the CARM develop legislation similar to the law 3/2009 10th of March, of the Parliament of Catalonia on for regulation and improvement of urbanisations with urban deficits.

Addressed to CARM (Regional Government)