THE OMBUDSMAN OVERSEES THE COUNCIL'S LACK OF RESPONSE TO RUBBISH TAX ALLEGATIONS

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Dear neighbours, my name is Pepe Blas, I´m a resident of Cumbre del Sol and a member of OVFC committed to their aims and objectives defending the interests of our community.

I would like to make public the full content of my allegations submitted to the amendment of the 2026 rubbish tax ordinance applicable to tourist accommodation in Benitatxell which have been silenced in the plenary session held on 26th December (minute 5´:10’’). The voting proceeded without any debate and yet my allegations were unanimously rejected.  Not even the opposition party showed any interest in the reading of the legal report responding to the allegations offered by the mayor twice during the plenary session. 

It has been two months since I submitted my allegations and I have not yet received an answer nor have I been forwarded the legal report in response to them. To make matters worse the Council refused to provide public documentation requested during the public consultation period even though like any citizen residing in Spain I am legally entitled to request and should have received.

It should also be mentioned that the new rubbish tax will affect 733 tourist  accommodations and that surprisingly there has only been one allegation which nevertheless aims to defend the rights of all.

Readers interested in obtaining further information on the background to the amendment of the ordinance are advised to read this post and those interested in reading my allegations can download them via these links:

• Download the allegations in Spanish
• Download the allegations in English
• Download the amendment to the 2026 rubbish tax fees for tourist accommodation

Independent oversight by the Ombudsman has been requested

See the chronology of events that led to the pronouncement of the Ombudsman

After the legal period of 30 days has elapsed without a response, I have lodged two complaints to the Ombudsman for failing to provide the requested technical-economic report and for not answering to my allegations. After analysing the facts the Ombudsman has issued two rulings announcing the start of an investigation indicating that the alleged inactivity of the Council could affect the right to obtain an express, reasoned response within the stipulated time frame and subject to appeal admitting as a result the complaints for processing. In particular, the Ombudsman requested the Council:

• "1. Information on the response given to the interested party; in the event that this has not yet been provided, we request information on the reasons that have prevented compliance with the obligation to respond to the letter submitted and the measures taken to remove these obstacles, with a clear indication of the time frame for issuing the aforementioned response.
• 2. To attach a copy of the response issued to the promoter of the file, indicating the date of notification and the corresponding channels for appeal.
• 3. To indicate whether the final approval of the amendment to the ordinance has taken into account the arguments put forward."

Rule of law backsliding

The act of deliberately disregarding the law and citizens' rights by the Council shouldn't go unnoticed and shouldn't happen again. As an impartial watchdog the Ombudsman's decision to accept boths complaints and launch an investigation is a slap in the face for municipal officials and for the legal department. No compliance with the obligation to respond and not having taken into account the arguments put forward is an embarrassment for those attending the plenary session. 

What can we expect next?

• The Ombudsman's final decision on the complaints filed is expected in February.
• Sooner or later, the Supreme Court will have to rule on the litigation concerning the rubbish collection tax applied by local councils to tourist accommodation in Spain. It cannot be ruled out that local councils may have to refund unduly paid rubbish taxes.

© by Pepe Blas. All rights reserved.