Technical committee

Technical board 2021 August 2025-XNUMX May XNUMX

Minutes, 2.10.2024
Meeting number

8/2024

Aika

02.10.2024 16.30 - 18.14

Place

Municipal office meeting room

Minutes inspection

Yes, checked and found to be in accordance with the meeting's procedure.
02.10.2024

Minutes available for viewing

Municipal office meeting room
03.10.2024

Signatory's name

Henna Romppainen
Technical director

§ 81 Legality and quorum of the meeting
Proposal for a decision

The legality and quorum of the meeting are established. The participants in the meeting are noted.

Decision

The meeting was declared legal and had a quorum. The participants in the meeting were noted.

§ 82 Selection of the minutes inspectors
Proposal for a decision

Two minutes reviewers will be elected. In accordance with the agreed practice, the reviewers will be Mika Korkiakoski and Mika Shemeikka. The minutes will be reviewed on October 2, 2024 and will be available for viewing on October 3, 2024 on the municipality's information network.

Decision

The motion for a resolution was adopted unanimously.

§ 83 Municipal initiative / Light in the school yard

Lighting has been added to the Kettukalliontie end of the comprehensive school yard during the summer to improve safety.

Proposal for a decision

The technical committee declares the municipal initiative to be fully processed.

Decision

The motion for a resolution was adopted unanimously.

For your information

Municipal government, municipal council

§ 84 Financial performance 1.1 - 31 March 2024

The technical director presents the financial situation at the meeting.

Accompanying material is a comparison of actual results.

Proposal for a decision

The Technical Committee notes the financial report for the period January 1 - November 30, 2025.

Decision

The motion for a resolution was adopted unanimously.

§ 85 Expiration of the penalty notice procedure / real estate RN:o 250-407-9-91

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, in which the property owner was given the opportunity to submit a response by 29 April 2022, under the threat that the property could then be ordered to join the waste transport through a penalty payment procedure. The party under hearing has not submitted a response in the matter.

On 22 May 2024, the Technical Board ordered the owner of Section 36 of the property RN:o 250-407-9-91 to connect his property to the property-based waste transport by entering into an agreement with Lakeuden Etap. The main obligation was enhanced by a running penalty, the basic amount of which is €1000 per non-compliant main obligation and an additional amount of €200 for each subsequent calendar month after the set deadline. A copy of the agreement had to be submitted to the environmental protection authority within 14 days of receiving notification of the decision. Notification of the decision took place on 1 July 2024.

On 21 August 2024, the Technical Committee reserved the opportunity for the party concerned to be heard under Section 58 before deciding the matter and imposing a running fine. A written explanation had to be submitted to the Kihniö Technical Committee within 14 days of receiving notification of the decision. The evidentiary notification of the decision took place on

According to information received from the waste management authority on 23 September 2024, property RN 250-407-9-91 has been connected to property-based waste transport. The main obligation has been fulfilled, so the penalty notice procedure lapses.

Prepared by: Environmental Inspector Elsi Hietaranta

Proposal for a decision

The Technical Committee decides to state that property RN 250-407-9-91 is involved in property-based waste transportation and the penalty notice procedure is terminated.

Reasons for the decision

The property owner is obliged to connect his property to the organized waste transport. According to the information received from the waste management authority, the property has been connected to the waste management system. The order issued pursuant to Section 126 of the Waste Act to connect the property to the waste management system has been complied with, so the penalty payment procedure lapses.

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.

Decision

The motion for a resolution was adopted unanimously.

For your information

Property owner

§ 86 Hearing before judgment / real estate RN:o 250-401-24-2

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 and again on 22 June 2022, the environmental inspector urged the owner of property RN 250-401-24-2 to join the property waste transport system. The deadline for the most recent request to complete the measure was 31 July 2022. Following this, a hearing letter was sent to the property on 15 May 2024, giving the property owner the opportunity to submit a response by 31 May 2024, under the threat that the property may then be ordered to join the waste transport system through a penalty payment procedure.

On 26 May 2024, the respondent stated in his response that he primarily aims to prevent waste generation and secondarily to recycle. He stated that he had made an agreement on the shared use of a waste container back in 2010 and stated that he composts the bio-waste generated on the residential property. In addition, the respondent stated that in 2017 the then environmental inspector had visited the site and found that everything was in order. The respondent stated that he had also discussed the matter with the then environmental inspector in 2020. On 10 June 2024, the current environmental inspector urged the property owner to contact Lakeuden Etap waste management, as this is the only way to rectify the shared container information.

The property owner contacted Lakeuden Etappi on 14 June 2024, and was told that transporting waste more than 3 km from a residential building is not considered property-specific waste management for the property in question. Therefore, the property is still not connected to waste management in the waste transport register, because the current shared container does not meet the regulations and cannot be considered to meet the obligation of the Waste Act for organized waste management.

According to the obligated party, waste management fees should be based on waste produced, not on regularly emptied containers. The obligated party also inquired about when Etappi will switch to weighing-based collection of incinerable waste and what legal provision the kilometer limit for property-specific waste management is based on.

The Waste Board clarified to the obligated party that the 3 km distance was introduced in 2022 and that previously the restriction was stricter than this. The municipal waste management regulations, which stipulate the distance, have been issued pursuant to Section 91 of the Waste Act. The Waste Board regretted that waste containers in single-family homes are not weighed. Instead, waste fees are based on the size of the waste container, the average filling level and the number of emptyings. Emissions from waste transport are minimized through efficient route planning and the use of compartment containers. Excessively long emptying intervals directly affect the quality of the waste. Therefore, the emptying intervals cannot be, for example, several months long, in which case the waste would become unusable. In addition, the Waste Board offered that an excessively long common container matter can be handled in writing by an official decision, which has the right to appeal to the Vaasa Administrative Court. The obligated party has not responded to the Waste Board's report.

On 21 August 2024, the Kihniö Technical Board ordered the owner of the property RN 250-401-24-2 to connect his property to the property waste transport system by entering into an agreement with Lakeuden Etap. The order had to be complied with regardless of any appeal (JL Section 139). The main obligation was enhanced by a running penalty, the basic amount of which is €1000 per main obligation not complied with and an additional amount of €200 for each calendar month following the set deadline. A copy of the agreement had to be submitted to the environmental protection authority within 14 days of receiving notification of the decision. Notification of the decision took place on 10 September 2024, so the deadline for carrying out the measure was 24 September 2024.

According to information received from the waste management authority on April 29, 2024, property RN 250-401-24-2 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

Proposal for a decision

The Technical Board decides to state that the property RN:o 250-401-24-2 has not been connected to the property waste transport system despite the order of the environmental protection authority and has not filed a response in the matter. Before deciding the matter and imposing a running penalty, the party concerned is given the opportunity to be heard and to provide a written explanation in the matter, which must be submitted to the Kihniö Technical Board within 14 days of receiving notification of the decision. An explanation is requested in particular as to why the order to connect the property to the property waste transport system has not been complied with. A possible failure to provide an explanation does not prevent the matter from being resolved.

Reasons for the decision

The owner of property RN 250-401-24-2 has neglected the order of the environmental protection authority to join the property-based waste transport and has not filed a response to the board's decision in the matter. According to information received from the waste management authority on 25.9.2024, the property has not joined the property-based waste transport.

According to Section 22 of the Penalty Fines Act (113/1990), the party concerned must be given an opportunity to provide an explanation before imposing and sentencing a penalty fine in accordance with Section 34 of the Administrative Procedure Act (434/2003).

Applied legal guidelines

Waste Act (646/2011) sections 2, 24, 28-30, 35, 36, 41, 122, 126, 129, 137

Penalty Fines Act (1113/1990) Sections 22, 23

Administrative Procedure Act (434/2003) Sections 34, 36

Waste Management Regulations of the Lakeland Waste Board (valid from 1 November 2022) Section 4

Decision

The motion for a resolution was adopted unanimously.

For your information

Property owner

§ 87 Kihniö Municipality winter maintenance work 2024-2026, selection of contractor

The municipality of Kihniö has requested bids for winter maintenance work on traffic routes and properties for the contract period 1 November 2024 – 31 May 2026. The request for bids also includes an option. The possible option period is 1 October 2026–31 May 2027.

The tasks included in winter maintenance are stated in the contract program and other attached documents attached to the request for tender. The winter maintenance sites are stated in the site lists and map attached to the request for tender. The volume of winter maintenance may change during the contract period, and the customer is not committed to the quantities stated in the request for tender. The work will be invoiced according to the work completed and the unit prices.

The area of ​​Kihniö municipality is divided into the winter maintenance area of ​​traffic routes (PART 1) and the winter maintenance area of ​​real estate (PART 2). Bids may be submitted for both or only one of the parts. Bids will be compared by sub-area.

The procurement exceeds the national procurement threshold. The request for tender has been published in Hilma on 24 September 2024. The request for tender has been available in its entirety https://www.hankintailmoitukset.fi/fi/public/procu...The procurement has also been announced on the municipality's website and FB pages. Tenders have been requested by the deadline of 2 October 2024 at 12 noon.

Bid comparisons and recommendations for selected contractors will be presented at the meeting.

Proposal for a decision

A proposal for the selected contractors will be presented at the meeting. The Technical Committee will hold the necessary discussion on the matter and decide on further measures.

Meeting handling of the matter

The Technical Committee states that

  • Three offers were received by the deadline for offers.
  • all bidders had bid for both Part 1 (Roads) and Part 2 (Real Estate)
  • all offers were in accordance with the request for quotation
  • The lowest bid for part 1 of the road construction project was submitted by Koneurakointi Nevanperä.
  • The lowest bid for the properties in part 2 was submitted by Koneurakointi Nevanperä.

Decision

The Technical Committee decides to select Kaavatiet Koneurakointi Nevanperä as the winter maintenance contractors for part 1 at a reference price of €37.875,00, VAT 0%, and for part 2 at a reference price of €51.989,00, VAT 0%, and for part 3 at a reference price of €51,989.00, VAT 0%, Kaavatiet Koneurakointi Nevanperä as the winter maintenance contractors for part 1 at a reference price of €37,875.00, VAT 0%, and for part 2

For your information

Providers

§ 88 Demolition of the old school in Kirkonkylä, selection of demolition contractor

The demolition of the old school in Kirkonkylä has been approved as part of the municipal budget measures for several years. The grounds for the demolition of the building are the overcapacity of the premises needed for the municipality's service production and the pressure to save on property costs. The estimated repair costs of the property to bring it into usable condition are unsustainable given the municipality's financial situation. Handing over the management of the property would involve risks, including those related to location, finances, health and safety.

However, the demolition has been delayed in order to determine the building's conservation values. A decision on the building conservation matter was received from the Hämeenlinna Administrative Court on 1 November 2023, and the building has no established conservation values. A demolition permit for the building was issued on 23 September 2024.

The demolition will be carried out as a turnkey contract, in which the demolition contractor will act as the main contractor and the main implementer as referred to in the legislation. The demolition contract will be carried out as a fixed turnkey contract. The contract must be completed no later than 20 December 2024. The demolition will save the building's foundation stones, which will be used in the site's regional and green structures within the framework of the future budget allocations.

The procurement will be carried out as a national small procurement. A procurement notice for the procurement has been published in Hilma on 13 September 2024. The entire request for tender has been available https://www.hankintailmoitukset.fi/fi/public/procu...The procurement has also been announced on the municipality's website and FB pages. Tenders have been requested by the deadline of 2 October 2024 at 12 noon.

Bid comparisons and recommendations for selected contractors will be presented at the meeting.

Proposal for a decision

A proposal for the selected contractors will be presented at the meeting. The Technical Committee will hold the necessary discussion on the matter and decide on further measures.

Meeting handling of the matter

The Technical Committee states that

  • By the deadline for submissions, eight offers were received, all of which were in accordance with the call for tenders.
  • that the lowest bid in terms of comparison price was submitted by JST Kuljetuspalvelut Oy

Decision

The Technical Committee decides to select JST Kuljetuspalvelut Oy as the demolition contractor for a total price of €37.000,00, VAT 0%

For your information

Providers

§ 89 Building in poor condition on property 250-403-12-43

Background to the matter

The Kihniö Technical Board has determined in its cleanliness inspection on 13 June 2024 that the property 250-403-12-43 has a poor condition and partially collapsed outbuilding. The building in question is on a residential property near the centre of Kihniö. The property owner has previously been urged by letter on 11 June 2020 to either renovate or demolish the building in question. The letter in question is attached to the minutes. On 5 October 2023, the building inspector has inquired about the progress of the matter by telephone from the property owner, at which point it has been agreed over the phone that he will try to take the matter forward by the end of 2023. At that time, the phone conversation discussed demolishing the building.

During the cleanliness inspection on June 13, 2024, the technical committee visited the property and the poor-quality building is still in the same condition as before. The property owner has not taken any steps to demolish or repair the building. Attached to the cleanliness inspection are photographs of the building in question taken from the property. The building is located on the same property as the residential building. In addition, there are other outbuildings on the property. The building is dangerous to its surroundings and its users and is an unsightly sight.

MRL 166§; The building and its surroundings must be maintained in such a condition that it continuously meets the requirements of health, safety and usability and does not cause environmental damage or spoil the environment. The building and its energy supply systems must be maintained in such a condition that, taking into account the construction method of the building, they meet the requirements set for energy efficiency. (13.4.2007/488)

The purpose of building protection must also be taken into account in the use and maintenance of a building designated as protected in the plan or protected under the Act on the Protection of Architectural Heritage. (4.6.2010/499)

If the building maintenance obligation is neglected, the municipal building inspection authority may order the building to be repaired or its surroundings to be cleaned up. If the building poses an obvious safety hazard, the building must be ordered to be demolished or its use prohibited.

Before issuing a repair notice, the building inspection authority may order the building owner to submit a condition survey of the building to determine any repair measures that are clearly necessary for health or safety reasons.

The building owner must monitor the condition of the structures that are essential to the building's load-bearing capacity. (20.3.2015/301)

Follow-up actions

The written request given to the property owner and the subsequent telephone conversation on 5 October 2023 have not led to the building's neglect of its condition being repaired or the building being demolished, in which case the technical committee will initiate further steps to oblige it to take measures. Before imposing an obligation (a threat of a fine or a threat of having it done), the party concerned must be heard in accordance with Section 22 of the Threatened Fines Act and Section 34 of the Administrative Procedure Act. Hearing means that the party concerned is given the opportunity to express their opinion on the matter and to provide explanations on such demands and explanations that may affect the resolution of the matter. Failure to provide an explanation does not prevent the resolution of the matter.

The interested party and obligated party is the owner of property 250-403-12-43.

Applied legal guidelines:

Land Use and Building Act, Sections 143, 166, 170

Penalty Fines Act, Section 22

Administrative Procedure Act, Section 34

Prepared by: building inspector Raisa Karinsalo-Manninen tel. 044-7865 651

Presenter: Technical Director Henna Romppainen

Proposal for a decision

The Technical Committee decides to initiate proceedings in accordance with Section 182 of the Land Use and Building Act. In addition, the Technical Committee decides to send a hearing letter in accordance with the Penalty Fines Act to the party concerned before imposing an obligation (penalty fine or threat of enforcement). The hearing letter must be responded to no later than 31 October 2024. The Technical Committee prohibits the use of the building in its current condition (MRL Section 166).

Decision

The matter was left on the table.

For your information

Property owner

§ 90 Current affairs

The technical director presents current and ongoing issues at the meeting.

Proposal for a decision

The Technical Committee will note the matters as brought to its attention.

Decision

The motion for a resolution was adopted unanimously.

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