French General Code of Local Authorities
In forceI.-Under the conditions set out in II, an administrative fine of up to €500 may be imposed for any failure to comply with a mayor's order that presents a risk to personal safety and is of a repetitive or continuous nature:
1° With regard to the pruning and upkeep of trees and hedges overlooking the public highway or public domain;
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3° Consisting, by means of movable property, in occupying for commercial purposes the public highway or the public domain either without right or title, where this is required pursuant to Article L. 2122-1 of the General Code of the Ownership of Public Persons, or in a manner that does not comply with the title issued pursuant to the same Article L. 2122-1, where this occupation constitutes a private use of this public domain that exceeds the right of use belonging to all;
4° In the event of failure to comply with an order imposing time restrictions on the sale of takeaway alcohol within the municipality, issued pursuant to article L. 3332-13 of the Public Health Code.
II.
II -The breach referred to in I of this article is recorded in a report drawn up by a criminal investigation officer, a criminal investigation police officer or a deputy criminal investigation police officer.
The mayor notifies the owner of the premises in writing of the breach.
The mayor notifies the person concerned in writing of the facts of which he or she is accused, the measures required to put an end to the breach and the penalties incurred. This notification must include the opportunity to submit written or oral observations within a period of ten days, assisted, where appropriate, by counsel or represented by an agent of the person's choice.
At the end of this period, the mayor must inform the person concerned of the measures to be taken to put an end to the infringement.
At the end of this ten-day period, if the person has not taken the necessary measures to put an end to the breach, the mayor will give the person formal notice to comply with the regulations within a further ten-day period.
At the end of this second ten-day period, the mayor will give the person formal notice to comply with the regulations within a further ten-day period.
At the end of this second period and if the prescribed measures have not been implemented, the mayor may, by means of a reasoned decision indicating the appeal procedures and deadlines, impose the administrative fine provided for in the first paragraph of I. The amount of the fine is set according to the seriousness of the offence.
The mayor's decision to impose the fine is notified in writing to the person concerned. This decision is subject to the provisions of Article 7 of the Civil Code. This decision is subject to the provisions of article L. 2131-1.
An appeal against the decision to impose a fine is an appeal of full jurisdiction.
Administrative fines are recovered by the courts.
The administrative fine is recovered for the benefit of the municipality under the conditions laid down by the provisions relating to municipal products.
The limitation period for the mayor's action to punish a breach of the first paragraph of I is one year from the day on which the first breach was committed.
The administrative fine may not be imposed on the mayor in the event of a breach of the first paragraph.
The administrative fine provided for in the first paragraph of I may not be imposed on any person for having installed on the public highway or public domain the objects necessary for the satisfaction of their basic needs.
III.-After imposing the fine referred to in I, the mayor may, by means of a reasoned decision indicating the means and time limits for appeal, have the prescribed measures referred to in the fourth paragraph of II carried out ex officio, in place and stead of the person served with formal notice and at their expense.
