Technical board 2021 August 2025-XNUMX May XNUMX
Minutes, 22.5.20245/2024
22.05.2024 16.30 - 19.01
Municipal office meeting room
Yes, checked and found to be in accordance with the meeting's procedure.
22.05.2024
Municipal office meeting room
23.05.2024
Henna Ala-Kurki
Technical director
The legality and quorum of the meeting are established. The participants in the meeting are noted.
The motion for a resolution was adopted unanimously.
Two minutes reviewers will be elected. In accordance with the agreed practice, the reviewers will be Ulla Vierre and Niina Sillanpää. The minutes will be reviewed on 22.5.2024 and will be available for viewing on 23.5.2024 on the municipality's information network.
Ulla Vierre and Antti Kivioja were elected as the minutes reviewers.
Construction site and its location:
The construction site is a 4660 m2 property called Aurinkoranta. The property ID is 250-407-14-56. The property borders Lake Nerkoonjärvi for approximately 57 meters.
EThe action taken and the grounds for the application: A deviation is being sought for the construction of a new leisure building of 45,5 m2 on the property. The old leisure building on the construction site will be converted into a sauna building. The building falls below the indicative distance requirement of 20 meters from the shore given in the building regulations by approximately 1 meter, being located 19 meters from the shoreline.
Prohibitions, restrictions and the planned situation
The property is located in an unzoned coastal area, so the construction complies with the regulations of the Kihniö municipality's building regulations. According to the building regulations, a maximum of one holiday home, sauna and outbuilding may be built on a coastal area, with a total area of 125 m2, when the size of the construction site is less than 5000 m2. In addition, a cold storage room of 30 m2 and 30 m2 of roof space may be built. The total permitted floor area of the property is 150 m2. The distance from the shoreline to buildings other than the sauna must be at least 20 meters, measured from the outer edge of the terrace. In addition, the building must be suitable for the environment and landscape.
Construction status:
The property already has one recreational building of 24,5 m2 and a storage building of 9 m2. The storage building will be moved further back on the property from the location of the new recreational building.
Consulting neighbors:
The neighbors have been consulted by the applicant. The neighbors have no objections to the construction and location of the planned building.
Conditions for derogation and justification for the proposed decision:
MRL 72; no building may be built in a coastal zone belonging to the coastal area of a sea or body of water without a local plan or a legally binding master plan that specifically stipulates that the master plan or part of it be used as the basis for granting a building permit.
A municipality may, upon application, grant a derogation from a provision, order, prohibition or other restriction concerning construction or other measures laid down in this Act or issued pursuant thereto for a special reason. However, a derogation may not be granted if it:
-causes harm to zoning, implementation of the plan or other organization of the use of areas
-makes it more difficult to achieve nature conservation objectives, makes it more difficult to achieve the objectives relating to the protection of the built environment; or
-leads to construction with significant impacts or otherwise causes significant adverse environmental or other impacts.
According to the building regulations, the total building right for a property of this size is 150 m2 and the construction complies with this building regulation. The distance from the shoreline to buildings other than saunas must be at least 20 meters. The future leisure building will be located 19 meters from the shoreline, so the construction will deviate slightly from the minimum distance according to the building regulations due to terrain conditions. The minor wastewater generated in the building will be treated in accordance with the current wastewater regulation.
The construction will not cause significant harm to the environment or zoning, will not lead to significant construction, and will not exceed the overall building rights of the property.
Applied legal guidelines:
Land Use and Building Act, Sections 116, 117 and 171.
The accompanying material includes excerpts from the building order, location map and site plan.
Prepared by: building inspector Raisa Karinsalo-Manninen
Presenter: Technical Director Henna Ala-Kurki
The Technical Committee decides to propose to the Municipal Board that the deviation be granted on the grounds presented above. A building permit corresponding to the deviation permit must be applied for from the building control authority within one year of the Municipal Board's decision becoming legally binding. The Municipal Board's deviation decision must be attached to the building permit application.
The motion for a resolution was adopted unanimously.
Municipal board
According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.
An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.
On 2 February 2022, the environmental inspector urged the owner of property RN 250-407-9-91 to join the waste transport by 28 February 2022. Following this, a hearing letter was sent to the property on 6 April 2022, giving the property owner the opportunity to submit a response by 29 April 2022, under the threat that the property may then be ordered to join the waste transport by means of a penalty payment procedure. The party being heard has not submitted a response.
According to information received from the waste management authority on April 29, 2024, property RN 250-407-9-91 has not been connected to property-based waste transportation.
The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee decides to state that property RN 250-407-9-91 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.
Main obligation
The Kihniö Technical Board, pursuant to Section 126 of the Land Use Act, orders the property owner to connect his property RN:o 250-407-9-91 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.
The order must be complied with regardless of any appeal (JL Section 139).
Reasons for the decision
The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.
Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)
The supervisory authority may:
1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;
The owner of property RN 250-407-9-91 has neglected the official's request to join the property-based waste transport and has not submitted a response to the board's decision in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.
The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.
Main obligation effect
The Kihniö Technical Committee imposes a penalty payment as an incentive for compliance with the main obligation, which consists of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.
If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.
Grounds for a threatened fine
Waste Act (2011/646) Section 129, subsection 1
Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.
Notification obligation
The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.
The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-407-9-91 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.
Fee for the decision
The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).
Applied legal guidelines
Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144
Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections
Administrative Procedure Act (434/2003) Sections 34, 36
Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8
Kihniö Environmental Protection Authority fee (valid from 1 May 2022)
Appeal
This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.
The motion for a resolution was adopted unanimously.
Property owner
According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.
An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.
The environmental inspector has urged the owners of property RN 250-407-9-135 to join the waste transport by 31 November 2019. Following this, a letter of consultation was sent to the property owner on 19 August 2020, giving the property owner the opportunity to submit a response by 30 September 2020, under the threat that the property may then be ordered to join the waste transport by means of a threatened fine. The party consulted has not submitted a response.
According to information received from the waste management authority on April 29, 2024, property RN 250-407-9-135 has not been connected to property-based waste transportation.
The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee decides to state that property RN 250-407-9-135 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.
Main obligation
The Kihniö Technical Board, pursuant to Section 126 of the Finnish Land Use Act, orders the property owners to connect their property RN:o 250-407-9-135 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.
The order must be complied with regardless of any appeal (JL Section 139).
Reasons for the decision
The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.
Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)
The supervisory authority may:
1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;
The owners of property RN 250-407-9-135 have neglected the official's request to join the property-based waste transport and have not submitted a response to the board's decision in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.
The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.
Main obligation effect
The Kihniö Technical Committee imposes a penalty payment to both property owners to enforce compliance with the main obligation, consisting of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.
As a reinforcement of the above main obligation, the Technical Committee imposes a separate running penalty on each property owner, with a basic amount of €1000 and an additional amount of €200 per person for each full month of continued non-compliance.
- xx basic amount 1,000 euros and additional amount 200 euros/month
- xx basic amount 1,000 euros and additional amount 200 euros/month
If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.
Grounds for a threatened fine
Waste Act (2011/646) Section 129, subsection 1
Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.
Notification obligation
Property owners are required to notify any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.
The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-407-9-135 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.
Fee for the decision
The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).
Applied legal guidelines
Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144
Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections
Administrative Procedure Act (434/2003) Sections 34, 36
Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8
Kihniö Environmental Protection Authority fee (valid from 1 May 2022)
Appeal
This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.
The motion for a resolution was adopted unanimously.
Property owners
According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.
An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.
On 1 October 2019, the environmental inspector urged the owner of property RN 250-401-2-36 to join the waste transport system by 31 November 2019. Following this, a letter of consultation was sent to the property on 19 August 2020, giving the property owner the opportunity to submit a response by 30 September 2020, under the threat that the property may then be ordered to join the waste transport system by means of a penalty payment procedure. The parties concerned were urged again on 2 September 2020 before the order was issued and a penalty payment was imposed to join the waste management system. The party under consultation has not submitted a response.
According to information received from the waste management authority on April 29, 2024, property RN 250-401-2-36 has not been connected to property-based waste transportation.
The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee decides to state that property RN 250-401-2-36 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.
Main obligation
The Kihniö Technical Board, pursuant to Section 126 of the Land Use Act, orders the property owner to connect his property RN:o 250-401-2-36 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.
The order must be complied with regardless of any appeal (JL Section 139).
Reasons for the decision
The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.
Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)
The supervisory authority may:
1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;
The owner of property RN 250-401-2-36 has neglected the official's requests to join the property-based waste transport and has not filed a response in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.
The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.
Main obligation effect
The Kihniö Technical Committee imposes a penalty payment as an incentive for compliance with the main obligation, which consists of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.
If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.
Grounds for a threatened fine
Waste Act (2011/646) Section 129, subsection 1
Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.
Notification obligation
The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.
The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-401-2-36 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.
Fee for the decision
The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).
Applied legal guidelines
Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144
Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections
Administrative Procedure Act (434/2003) Sections 34, 36
Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8
Kihniö Environmental Protection Authority fee (valid from 1 May 2022)
Appeal
This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.
The motion for a resolution was adopted unanimously.
Property owner
According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.
An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.
On 26 August 2020, the environmental inspector urged the owner of property RN 250-403-1-84 to join the waste transport system by 31 September 2020. Following this, a hearing letter was sent to the property on 3 February 2021, giving the property owner the opportunity to submit a response by 26 February 2021, under the threat that the property may then be ordered to join the waste transport system by means of a penalty payment procedure. The parties concerned were heard by a decision of the Kihniö Technical Board dated 26 May 2021 before issuing the order and imposing a penalty payment for joining the waste management system. The party consulted has not submitted a response.
According to information received from the waste management authority on April 29, 2024, property RN 250-403-1-84 has not been connected to property-based waste transportation.
The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee decides to state that property RN 250-403-1-84 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.
Main obligation
The Kihniö Technical Board, pursuant to Section 126 of the Land Use Act, orders the property owner to connect his property RN:o 250-403-1-84 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.
The order must be complied with regardless of any appeal (JL Section 139).
Reasons for the decision
The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.
Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)
The supervisory authority may:
1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;
The owner of property RN 250-403-1-84 has neglected the official's request to join the property-based waste transport and has not submitted a response to the board's decision in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.
The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.
Main obligation effect
The Kihniö Technical Committee imposes a penalty payment as an incentive for compliance with the main obligation, which consists of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.
If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.
Grounds for a threatened fine
Waste Act (2011/646) Section 129, subsection 1
Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.
Notification obligation
The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.
The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-403-1-84 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.
Fee for the decision
The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).
Applied legal guidelines
Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144
Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections
Administrative Procedure Act (434/2003) Sections 34, 36
Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8
Kihniö Environmental Protection Authority fee (valid from 1 May 2022)
Appeal
This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.
The environmental inspector received information about the connection on May 22, 2024.
The case has been suspended.
Property owner
According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.
An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.
On 2 September 2020, the environmental inspector has urged the owner of property RN 250-401-6-5 to join waste transport by 17 December 2021. Following this, a hearing letter was sent to the property on 19 January 2022, giving the property owner the opportunity to submit a response by 11 February 2022, under the threat that the property may then be ordered to join waste transport by means of a penalty payment procedure. The parties concerned have been heard by the decision of the Kihniö Technical Board dated 18 May 2022 before issuing the order and imposing a penalty payment for joining waste management. The party consulted has not submitted a response.
According to information received from the waste management authority on April 29, 2024, property RN 250-401-6-5 has not been connected to property-based waste transportation.
The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee decides to state that property RN 250-401-6-5 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.
Main obligation
The Kihniö Technical Board, pursuant to Section 126 of the Land Use Act, orders the property owner to connect his property RN:o 250-401-6-5 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.
The order must be complied with regardless of any appeal (JL Section 139).
Reasons for the decision
The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.
Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)
The supervisory authority may:
1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;
The owner of property RN 250-401-6-5 has neglected the official's request to join the property-based waste transport and has not submitted a response to the board's decision in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.
The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.
Main obligation effect
The Kihniö Technical Committee imposes a penalty payment as an incentive for compliance with the main obligation, which consists of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.
If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.
Grounds for a threatened fine
Waste Act (2011/646) Section 129, subsection 1
Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.
Notification obligation
The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.
The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-401-6-5 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.
Fee for the decision
The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).
Applied legal guidelines
Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144
Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections
Administrative Procedure Act (434/2003) Sections 34, 36
Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8
Kihniö Environmental Protection Authority fee (valid from 1 May 2022)
Appeal
This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.
The motion for a resolution was adopted unanimously.
Property owner
According to the Waste Act (646/2011) and municipal waste management regulations, every permanent and holiday residential property must be covered by the municipal waste management system. Property-based waste transport is connected to the property with its own waste container or a waste container shared with neighboring properties, i.e. a shared container. Holiday homes also have the option of taking their waste to a regional collection point or waste station. In all options, the connection is agreed with Lakeuden Etappi Oy.
An exemption from connection can be applied for if the residential building is completely unused or empty for justified reasons. The exemption from connection is processed by the waste management authority, which is the Lakeuden Waste Board. The municipal environmental protection authority decides on any possible compulsory measures regarding connection.
On 2 September 2020, the environmental inspector has urged the owner of property RN 250-403-22-40 to join waste transport by 17 December 2021. Following this, a hearing letter was sent to the property on 19 January 2022, giving the property owner the opportunity to submit a response by 11 February 2022, under the threat that the property may then be ordered to join waste transport by means of a penalty payment procedure. The parties concerned have been heard by the decision of the Kihniö Technical Board dated 18 May 2022 before issuing the order and imposing a penalty payment for joining waste management. The party consulted has not submitted a response.
According to information received from the waste management authority on April 29, 2024, property RN 250-403-22-40 has not been connected to property-based waste transportation.
The Kihniö Technical Board is the environmental protection authority of the municipality of Kihniö and is therefore competent to decide on issuing regulations in accordance with the Waste Act and imposing a penalty.
Prepared by: Environmental Inspector Elsi Hietaranta
The Technical Committee decides to state that property RN 250-403-22-40 has not joined the property-based waste transport despite the official's request and has not filed a response in the matter.
Main obligation
The Kihniö Technical Board, pursuant to Section 126 of the Finnish Land Use Act, orders the property owners to connect their property RN:o 250-403-22-40 to the property-based waste transport by entering into an agreement with Lakeuden Etap. A copy of the agreement must be submitted to the Environmental Protection Authority within 14 days of receiving notification of the decision.
The order must be complied with regardless of any appeal (JL Section 139).
Reasons for the decision
The property owner is obliged to connect his property to waste transport. Since the request to connect to waste management has not been followed, it is necessary to issue an order to connect to waste management pursuant to Section 126 of the Waste Act.
Section 126, subsection 1 and paragraph 1 of the Waste Act (2011/646)
The supervisory authority may:
1) prohibit a person who violates this Act or a decree or regulation issued pursuant to it, or the Waste Shipment Decree or the Mercury Decree or a regulation issued pursuant to it, from continuing or repeating the conduct in violation of the regulations, or order the person concerned to fulfill his or her obligations in another way;
The owners of property RN 250-403-22-40 have neglected the official's request to join the property-based waste transport and have not submitted a response to the board's decision in the matter. According to information received from the waste management authority on 29 April 2024, the property has not joined the property-based waste transport.
The order issued under Section 139 of the Waste Act to comply with the order despite a possible appeal is justified so that the attachment of the waste to the transport is no longer delayed by an appeal. The property owner has been aware of the obligation for years, but the necessary steps have not been taken despite the reminder and hearings.
Main obligation effect
The Kihniö Technical Board imposes a penalty payment to each property owner to enforce compliance with the main obligation, consisting of a basic amount set for the obligation and additional amounts for each calendar month following the deadline. The basic amount of the penalty payment for the main obligation is €1000 per non-compliant main obligation and an additional amount of €200 per calendar month following the deadline.
As a reinforcement of the above main obligation, the Technical Committee imposes a separate running penalty on each property owner, with a basic amount of €1000 and an additional amount of €200 per person for each full month of continued non-compliance.
- xx basic amount 1,000 euros and additional amount 200 euros/month
- xx basic amount 1,000 euros and additional amount 200 euros/month
- xx basic amount 1,000 euros and additional amount 200 euros/month
- xx basic amount 1,000 euros and additional amount 200 euros/month
- xx basic amount 1,000 euros and additional amount 200 euros/month
If the main obligation has not been complied with within 14 days of receiving notification of the decision, the technical committee may, in accordance with Section 10 of the Penalty Fines Act, impose a penalty. If the main obligation has been fulfilled by the deadline, the penalty procedure will lapse.
Grounds for a threatened fine
Waste Act (2011/646) Section 129, subsection 1
Unless it is manifestly unnecessary, the supervisory authority shall reinforce the prohibition or order issued under this Act with a threat of a fine or a threat that the measure not taken will be carried out at the expense of the defaulter or that the activity will be suspended or prohibited.
Notification obligation
The property owner is obliged to inform any potential new property owner of any administrative enforcement situation related to the property. In addition, the property owner must notify the technical committee if the property owner changes.
The Environmental Protection Authority notifies the National Land Survey of Finland, in accordance with Section 19 of the Penalty Fine Act, of the obligation concerning the property RN:o 250-403-22-40 and the threat imposed as a reinforcement for it, in order to make an entry in the register of mortgages.
Fee for the decision
The decision-making fee is EUR 220, in accordance with the environmental protection authority fee approved by the Kihniö Municipality Technical Committee on 26 January 2022, Section 6 (entering into force on 1 May 2022). (Issuance and supervision of an order issued to rectify a violation or omission pursuant to Section 126 of the Waste Act).
Applied legal guidelines
Waste Act (646/2011) sections 2, 13, 24, 28-30, 35, 36, 41, 122, 126, 129, 137, 139 and 144
Penalty Fines Act (1113/1990) 1, 4-9, 18-20, 22-24 sections
Administrative Procedure Act (434/2003) Sections 34, 36
Waste Management Regulations of the Lakeland Waste Board (in force from 1 November 2022) Sections 4, 8
Kihniö Environmental Protection Authority fee (valid from 1 May 2022)
Appeal
This decision can be appealed to the Vaasa Administrative Court. The appeal notice is attached to the decision.
The motion for a resolution was adopted unanimously.
Property owners
The technical director presents the financial situation at the meeting.
Accompanying material is a comparison of actual results.
The Technical Committee notes the financial report for the period January 1 - November 30, 2025.
The motion for a resolution was adopted unanimously.
After the approval of the 2024 budget and investment plan, changes have occurred in the cost estimates, distribution across budget years, and prioritization of projects.
The greatest need for changes is related to the heating system change to geothermal heat planned for Koivikko row houses in 2023, the net investment and construction decision of which has been significantly affected by the negative ARA energy subsidy decision. In the current economic situation, it is justified to postpone the investment. Not receiving the estimated investment income in the form of subsidies (125,000 euros) for the project will significantly affect the investment framework of the entire municipality in 2024.
Another need for change in the investment program concerns the fire station conversion contract into a hybrid station, the construction decision for which was postponed until the turn of 2023-2024. Most of the project's costs were allocated to 2024. The investment allocation for the fire station should be increased from 20,000 euros to 100,000 euros in line with the costs of the completed contract.
The modernization of the comprehensive school's building automation has been planned for 2025 - 2026. However, during the current year, the system has experienced sudden failures in system components, for which spare parts are no longer available, and individual modernizations as emergency repairs will be considerably expensive. It is necessary to expedite the renovation of the comprehensive school's automation, at least in phases. The comprehensive school's investment allocation should be increased from 10,000 euros to 30,000 euros.
During the economic adjustment measures, it is necessary to eliminate and transfer from the investment program all those projects whose implementation is not urgent or the project targets a property whose use in the municipality's service production must still be examined in the property and premises strategy. The objects to be removed from the investment plan are the Koivikko row houses (postponement of the geothermal heating contract to a later date), Veterans' Houses (acute repairs to yard and area structures on a smaller scale as operating expenses) and Municipal Offices (preparations are being made to move offices to other premises, repairs are not justified). These objects will reduce net investments by 25,000 euros.
The proposal for the change in investment appropriations is in the appendix.
The investment expenditure according to TA2024 is 399,400 euros (net -269,000 euros). The investment expenditure according to the updated plan is 339,400 euros (net -318,000 euros).
The Technical Committee decides to present to the Municipal Council changes to the investment program appropriations in accordance with the table in the appendix.
The motion for a resolution was adopted unanimously.
Municipal council
The Technical Committee annually reviews the rent increase needs for housing loans and privately financed apartments. The Technical Committee has previously (28.9.2010 §57) made a decision on annual increases. The minimum annual increase has been 2%.
The need for rent increases is based on the increased costs of property management.
The Technical Committee decides to increase the rents of mortgage-backed and privately financed apartments by 2% starting from September 1, 2024.
The motion for a resolution was adopted unanimously.
The Technical Committee decided at its meeting on 1 February 2017 (Section 8) that the terms and conditions for private road maintenance grants were updated in 2018.
According to the new Private Roads Act (Section 84), a municipality can only provide assistance to private roads for which a road maintenance authority has been established and whose information has been entered into the National Land Survey of Finland's private road register and the restrictions on road use have been entered into the national road and street network system (digiroad).
Private road maintenance grants were available for application from 8 February to 31 March 2024. The start of the grant application was announced in the Ylä-Satakunta newspaper and on the municipality's website. 45 grant applications were received by the deadline.
As part of the municipality's financial adjustment measures, grant amounts have been reduced by 25%.
The accompanying material includes private roads that have applied for assistance and the amounts of assistance.
The Technical Committee decides to distribute private road grants for private roads that have applied for grants and meet the conditions in accordance with the attached table, so that the total amount of grants is 28,247.80 euros.
Jarkko Peltomaki
The motion for a resolution was adopted unanimously.
Jarkko Peltomäki left the case for the duration of the hearing and did not participate in the decision-making.
As part of the municipal financial adjustment measures, it has been proposed to reduce the operating costs of properties, which means abandoning properties that are unnecessary for the municipality's service production and that are in deficit in terms of operating costs.
The sale of the properties Mansikkamäki (250-403-1-63 Mansikkamäki) and Hurula (undivided building site on property 250-403-8-238 Koivikko) owned by the Kihniö municipality, as well as the housing share in As Oy Kihniö Kotikoivu, should be promoted.
The Mansikkamäki property consists of a log-built detached house (built in 1935, floor area 93 m2) and two hall buildings built in the 1960s: 375 m2 (cold space) and 107 m2 (half warm, half cold space). A tenant lives in the house. The halls are for the municipality's own use and for rental premises. The residential building is in poor condition and requires renovation.
Hurula is a wooden, brick-clad detached house (built in 1991, floor area 87 m2), where a tenant lives. The building is in satisfactory/necessary condition and requires renovation.
The apartment share is a 43m2 studio apartment at Saarijärventie 10 A 5. The company was completed in 1987 and has 10 apartments. The apartment is in satisfactory condition and requires apartment renovation.
All apartments have electric heating.
The annual occupancy rate of the municipality's rental housing is below 85%. In order to increase the rental rate and maintain the quality of the housing, the rental housing stock must be condensed. Single-family houses and individual share-type housing, which are expensive to maintain and administer, must be phased out.
To promote and speed up the sale, it is recommended that properties and apartments be sold via online auction (e.g. kiertonet, auctions, front door, shortcut). The seller reserves the right to accept/reject the offer. It is best to make the sale during the summer, when the properties can be viewed as comprehensively as possible before submitting the offer. The properties are sold rented. The municipality offers tenants the opportunity to move to another rental apartment in the municipality. The workshop and storage facilities used by technical services will be transferred to other properties in the municipality.
The Technical Committee decides to propose to the Municipal Board the sale of the above-mentioned properties and the apartment. The apartment and properties will be sold in the condition they are in at the time of sale.
The motion for a resolution was adopted unanimously.
Municipal board
According to the current Pyhäniemi town plan and the later completed Pyhäniemi development program concept plan, the caravan area is located on property 250-401-3-184 Aittoloma. The property is an approximately 3,9 ha forest plot bordering the shore of Lake Aittolampi.
To promote the marketing of the caravan area, the area should be kept clean. A bid for the forest and landscape maintenance work on the plot has been requested from Metsäparooni Oy and Kihniö-Parkano MHY in February 2024.
Metsäparooni Oy has submitted an offer for vertical trading and assignment on 5.2.2024. The estimated timber trading income is €30,800, VAT 0%. After final felling and thinning, felling residues and the largest stumps are collected from the area. After stump removal, the area is leveled with an excavator according to the customer's instructions, for which a time-based charge of €70/h, VAT 0% will be invoiced. The offer has been valid until 1.3.2024, but the offeror has confirmed that the offer is still valid.
No sales revenue has been recorded in the 2024 budget for the Technical Board's cost center 006510 agricultural and forestry. This means that landscaping work can be carried out without any budgetary impact, as the costs of the area work are financed by the proceeds from the sale of wood. Leveling work is carried out using an excavator. Other area construction, including earthworks, will be left to the potential investor in the caravan area.
A landscape work permit has been applied for for the project. Work can begin once the permit is legally valid. The contractor has submitted a request to hold a harvest demonstration in the area.
Technical Committee:
- decides not to accept Metsäparooni Oy's offer
- decides to organize a new tender in order to obtain up-to-date pricing
- states that the area of operation will be expanded to the west of Pyhäniementie
- decides to authorize the technical director to approve the assignment under the contract
During the discussion, the rapporteur amended the draft decision.
The motion for a resolution was adopted unanimously.
To monitor the general environmental picture, a cleanliness inspection is carried out in the Kihniö municipality. The inspection focuses on the condition of buildings and the cleanliness of the environment.
The review is based on the provisions of sections 166–170 of the Land Use and Building Act (132/1999), sections 72–75 and 77 of the Waste Act (646/2011), and sections 2 and 22 of the Health Protection Act (763/1994). In addition to what is provided for in sections 167 and 168 of the Land Use and Building Act, waste containers and canopies, advertisements, fences, gates and plantings that affect the environmental image must be maintained in appropriate condition so that they do not detract from the environment.
The inspection will be attended by members appointed by the technical committee and technical office holders. The date of the inspection will be announced on the municipality's website and in Ylä-Satakunta. At the same time, property owners are asked to take the necessary measures to clean up the environment around their property.
A notice of repair is issued to the maintenance responsible for any deficiencies detected during the inspection, stating the deadline for completing the repairs.
Technical committee
- decides to carry out a cleanliness inspection on June 13, 2024
- appoints members of the building department to participate in the review
- will publish an announcement regarding the review on the municipality's website and in Ylä-Satakunta on May 29, 2024
The motion for a resolution was adopted unanimously.
The technical director presents current and ongoing issues.
The Technical Committee will note the matters as brought to its attention.
The motion for a resolution was adopted unanimously.
Construction site and its location:
The construction site is an existing 4960 m2 building site with property code 250-401-17-1. The construction site borders Lake Kankarinjärvi for approximately 56 meters.
Station diagram as accompanying material.
Suggested action:
Deviations are being sought for exceeding the floor area permitted in the building regulations (residential building and sauna) and for expanding the holiday home (limitation in the unzoned coastal area of 60 m2).
Construction status:
There is an existing leisure building of 70 m2 on the construction site, which was put into use in 2017. In addition, there is a sauna building of 24 m2 and a storage building of 30 m2 on the construction site.
Prohibitions, restrictions and schematic situation:
There is no valid waterfront plan in the area. In this case, the regulations and instructions of the Kihniö Municipality Building Regulations apply to construction. The building right for a property under 5000 m2 under section 7.2 of the Building Regulations is 125 m2 of so-called warm space (leisure building, sauna, barn) + 30 m2 of cold storage space + 30 m2 of roof space + 16 m2 of smoke sauna. The buildings must be located in relation to the shore in such a way that the distance from the shoreline to buildings other than sauna buildings must be at least 20 meters. The sauna building can be located at least 15 meters from the shore.
Consulting neighbors:
The neighbors have no objections to the matter. (MRL § 133)
Justifications for the requirement for deviation:
According to Section 171 of the MRL, the municipality has the power to make exceptions.
The construction site was granted an exemption permit from the municipal government in 2011 for the construction of a new leisure building of 96 m2 and a 24 m2 waterfront. At that time, the old leisure building was demolished. The current built-up floor area of the property is 124 m2. With the extension and the construction of the barbecue house, the built-up floor area of the property would be 156 m2.
The planned construction will not cause a significant change. The appearance of the building will not change significantly as a result of the measure to be carried out. The construction will adapt to the coastal landscape and other environments. The deviation will not cause harm to the landscape values of the area or to nature and water protection. The deviation will not cause harm to zoning, the implementation of the plan or other organization of the use of areas. The deviation will also not lead to construction with a significant impact or otherwise cause significant harmful environmental or other impacts.
Prepared by: building inspector Raisa Karinsalo-Manninen
The technical committee decides to propose to the municipal government that the deviation be agreed to and sends the decision to the municipal government for approval. The construction must comply with the provisions and regulations of the current Wastewater Decree. The deviation permit decision is valid for 1 year, during which time a building permit corresponding to the deviation permit must be initiated. The deviation permit decision must be attached to the building permit application
The motion for a resolution was adopted unanimously.
Municipal board