National Anticorruption Directorate (DNA) prosecutors have started the criminal prosecution against the mayor of Constanţa, Decebal Făgădău (photo 1), at the time of the deeds deputy mayor, and the former mayor Radu Mazăre (photo 2), in connection with the license for a building in the central area of Mamaia resort as accommodation and eating facility.
According to a DNA release on Monday, Decebal Făgădău is prosecuted for abuse of office for his benefit or for another, a crime assimilated to corruption offenses, and Radu Mazăre for complicity in the same offense.
Another three people are prosecuted in the same file.
DNA states that the investigation is related to the illegal construction of a building for the purpose of accommodation and public eating facility in the central area of Mamaia resort on the beach, based on a license issued in 2009 by the City Hall of Constanţa.
“In the same year, the Mayor of Constanţa and the construction company were sued by a company that owned a construction in the immediate vicinity of the new building, which demanded the cancellation of the building permit. In the substantiation, the company said the license had been issued in violation of the legal provisions regarding the observance of the rights of sight and regarding the distance between buildings, the applicant claiming he has been damaged in his property right,” the communiqué reads.
By a final civil decision pronounced by the Constanta Court of Appeals in 2012, the building permit was repealed.
In 2013, as a result of the cancellation of the construction permit, the applicant company requested in court, by a new action, the demolition of the luxury building, as well as the obligation of the Constanţa City Hall to issue the administrative act for the dismantling of the works that had been executed under the cancelled license.
Constanţa City Hall demanded the dismissal of the action as unfounded, arguing that the cancelled building permit by the court was modified by another permit issued on March 24, 2011, which was not cancelled and was valid.
“Later, in the same year, the Constanta City Hall came up with a notice informing the court that a new element had intervened, namely that on September 3, 2013 a new building permit was issued for the building requested to be demolished. Therefore, the Constanţa City Hall considered that there is no longer any legal basis for the applicant company to request and obtain the demolition of the construction,” the communiqué reads.
DNA also states that the construction license in 2013 was signed by Decebal Făgădău, as delegated mayor of Constanţa, by Nicoleta Constantin, as delegated chief architect of Constanţa Municipality and by Fulvia Antonela Dinescu, as Secretary of the Constanţa Municipality.
“The issue of the respective license on September 3.2013 would not have been possible without the elaboration and issuance of the city planning certificate dated July 2, 2013, signed by the Mayor Mazăre Radu Ştefan as mayor and by suspect Luiza Elena Tanase as chief architect,” the press release reads.
The Constanţa Court ordered the cancellation of the building license issued on September 3, 2013 by the Constanţa City Hall, because on the land for which the license had been issued, another building was already built – the residential building, which was 95% built under the cancelled authorization, the court found that, under these conditions, the authorization in 2013 had been unlawfully issued. The decision was subsequently repealed as the parties have reached an amicable settlement.