The TAR cancels the ordinance of the Municipality of Quartu which required the Tamarix condominium to carry out a clean-up operation after the gigantic fire that broke out last August 6th. The fire had started from the Molentargius park, had jumped the road that runs along the Poetto (via Lungomare del Golfo) and had devastated the entire structure.
That day, we read in the provision of the judges of Piazza del Carmine, «the risk of fire had been reported, with extreme danger - code red - in the aforementioned areas, by the General Directorate of Civil Protection of the Region, and the mayor had limited himself to order the closure of the city parks for the days of 6 and 7 August without any prevention measures being adopted by the managing bodies of the Molentargius park". The fire had been devastating: it had involved caravans, blocks of flats and had spared almost nothing.
The provision of the mayor Graziano Milia of the following August provided for the carrying out of «a preliminary investigation on the parameters subject to pollution and, where it is ascertained that the level of the Contamination Threshold Concentrations has not been exceeded», it was necessary to «provide for the restoration of the area contaminated."
But there were numerous owners there: there were 160 lots. According to the TAR, which accepted the appeal presented through the lawyers Roberta Andria and Massimo Macciotta, «the notification of the provision to the condominium alone cannot be considered legitimate (...) since the nor could the administrator interfere in the properties of individuals to carry out activities in these areas which, on the contrary, can only be imposed and burdened by the individual owner in relation to the lot of which he is the owner, if the condominium is able, in the person of its administrator , be identified as the recipient of the measure in relation only to the common parts". Furthermore, according to the ruling, the ordinance is not the right measure in a case like this.
(Unioneonline/E.Fr.)
