On amendments to the resolution of the Akimat of the city of Zhanaozen dated December 10, 2021 No. 707 "On approval of the Rules for the provision of public services in the city of Zhanaozen"
The Akimat of the city of Zhanaozen DECIDES:
1. Make the following changes to the resolution of the Akimat of Zhanaozen dated December 10, 2021 No. 707 "On approval of the Rules for the provision of public services in the city of Zhanaozen":
in the Rules for the provision of public services in the city of Zhanaozen, approved by the specified resolution:
in paragraph 2:
subparagraph 8) should be stated in a new version:
"8) utilities – services provided to the consumer, including water supply, sanitation, gas supply, electricity, heat supply, garbage disposal, elevator maintenance, to ensure safe and comfortable living conditions (stay);";
sub-paragraphs 11), 12) and 13) should be amended:
"11) the condominium object is a single property complex consisting of apartments, non–residential premises, parking spaces, storerooms that are individually (separately) owned, and common property that cannot be individually (separately) owned and belongs to the owners of apartments, non-residential premises, parking spaces, storerooms on the right of common shared ownership, including a single indivisible land plot under an apartment building and (or) an adjacent land plot;
12) common property of the condominium object – parts of the condominium object (facades, entrances, lobbies, halls, corridors, staircases and landings, elevators, roofs, attics, technical floors, basements, communal engineering systems and equipment, subscriber mailboxes, land under an apartment building and (or) adjacent land land, landscaping elements and other common property), except for apartments, non-residential premises, parking spaces, storerooms that are individually (separately) owned;
13) general house engineering systems – systems of cold and hot water supply, sanitation, heat supply, gas supply, electricity, smoke extraction, fire alarm, internal fire-fighting water supply, freight and passenger elevators (lifts), garbage disposal, air conditioning, ventilation, thermoregulation and vacuuming, low-current engineering systems located in an apartment building outside or inside an apartment, non-residential premises, parking places, storerooms and serving two (two) or more apartments, non-residential premises, parking space, storerooms;";
add paragraph 3-1 as follows:
«3-1. After putting the facility into operation, the customer of an apartment building (complex), with the prior consent of the owners of residential and non-residential premises, prepares draft contracts between the owners of residential and non-residential premises and utility providers (for each type of service) for their subsequent conclusion (signing).";
Paragraph 4 should be reworded:
"4. For public utilities, individual and (or) public contracts are concluded between the consumer and the utility provider through the connecting network in accordance with the legislation of the Republic of Kazakhstan.
Associations of property owners or simple partnerships, or managers of an apartment building, or management companies conclude cooperation agreements with utility providers (for each type of service).
Associations of property owners or simple partnerships, or managers of an apartment building, or management companies conclude cooperation agreements with service entities for the maintenance of the common property of the condominium object.
With direct joint management, cooperation agreements are concluded between organizations providing utilities for the maintenance of the common property of the condominium object and all owners of apartments, non-residential premises or with the majority of owners of apartments, non-residential premises. At the same time, the owners of apartments and non-residential premises act as one party to the contract.
The contract between the supplier and the consumer for the provision of public services cannot contradict the current legislation and is considered concluded for an indefinite period, unless otherwise provided by the agreement of the parties.";
paragraph 7 should be stated in a new version:
"7. The chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a management company for maintaining in proper technical condition and ensuring the safety of common house engineering systems and equipment, as well as metering devices that are the common property of the condominium object, concludes contracts with the subject of service activities.
The choice of subjects of service activities is carried out by the owners of apartments, non-residential premises at a meeting or by the council of the house, subject to the delegation of such powers.
If there are no contracts with the subject of service activity, the chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a management company or all owners of apartments, non-residential premises, with direct joint management, ensure the maintenance in proper technical condition and safety of common house engineering systems, as well as common house metering devices.";
paragraph 9 should be set out in a new revision:
"9. The chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a management company, or all owners of apartments, non-residential premises, with direct joint management, as well as the subject of service activities that ensure the maintenance of the common property of the condominium object on the basis of the concluded agreement, ensure unhindered access of the supplier, his representatives to the common premises engineering systems, metering devices, places of placement and storage of municipal waste.";
Paragraph 14 should be reworded:
«14. The chairman of the association of property owners or a trustee of a simple partnership, or the manager of an apartment building or a management company, or all owners of apartments, non-residential premises, with direct joint management, organizes work on preparing the condominium facility for the heating season in accordance with the rules for preparing and conducting the heating season, approved by local representative bodies in accordance with subparagraph 4-1) of paragraph 1 of Article 6 of the Law of the Republic of Kazakhstan "On Local Public Administration and Self-Government in the Republic of Kazakhstan".";
Paragraph 25 should be reworded:
"25. Meter readings are taken from the 20th to the 30th of each month by the supplier or his representative upon presentation of an official ID, or through remote data transmission devices.";
Paragraphs 33 and 34 should be amended:
"33. If the supplier refuses to certify the fact of non-provision of utilities or provision of low-quality utilities, the consumer has the right to draw up an act and a written statement, which indicates:
1) the time of the beginning of the refusal of public services (disconnection) or its poor-quality supply;
2) the nature of the deterioration in the quality of public services;
3) the time of application submission and its registration number (according to the supplier's log);
4) the time of restoration of public services (normalization of its quality);
5) the period of absence (deterioration in quality) of public services.
When a consumer lives in an apartment building, the application and act are signed by the consumer and at least two people, including: a member of the house council, the chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a management company or all owners of apartments, non-residential premises, with direct joint management and sent to the supplier.
When the consumer lives in an individual residential building, the application and the act are signed by the consumer.
In case of non-settlement of the dispute by agreement of the parties, the consumer applies to the court.
34. Violations committed by the consumer when using public services are formalized by a bilateral act of representatives of the supplier and the consumer in two copies, one of which is handed to the consumer.
The act is considered valid even if the consumer refuses to sign, but subject to its registration by a commission of at least three people:
representatives of the supplier, the council of the house and the chairman of the association of property owners or a trustee of a simple partnership or the manager of an apartment building or a representative of the management company when the consumer lives in an apartment building;
with the participation of two residents living in nearby individual residential buildings with an attachment to the act of photo and (or) video recording of the violation, when the consumer lives in an individual residential building.";
add an appendix in accordance with the annex to this resolution.
2. This resolution shall enter into force upon the expiration of ten calendar days after the date of its first official publication.
Post Full name