Alajuelita orders removal of works on public roads under threat of demolition

The Municipality of Alajuelita orders the owner Ana Victoria Mora Calderón to remove the works constructed on public roads in the district of San Josecito, under the warning that, should this not be complied with, the demolition of the structures will proceed at the owner’s expense. The notification is carried out by edict in La Gaceta — Official Gazette No. 167 of Friday, September 4, 2026, after attempts at personal notification were exhausted.

A notification by edict

The notice, published for the second time by the Technical Road Management Unit of the Municipality, is based on official letter MA-UTGV-126-2026 dated May 6, 2026, issued by engineer Luis Fernando Cambronero Gamboa. The edition indicates that attempts to notify Mrs. Mora Calderón—an adult, widow, and pensioner, resident of San Josecito—were unsuccessful, thus resorting to publication in the Official Gazette.

The order pertains to property No. 139474, registered in the owner’s name, identified by identity card number 104890226. This is an administrative eviction procedure of public domain assets, in which the municipal administration acts ex officio to recover the space occupied without authorization.

The invoked regulatory framework

The municipality bases the order on current regulations governing administrative evictions on public roads and public domain assets:

• Construction Law, articles 2, 4, 5, and 6.
• General Public Roads Law, Law No. 5060, articles 2 and 2 bis.
• Municipal Code, Law No. 7794, articles 2, 3, and 4.
• Construction Regulations and Urban Planning Law Regulations, complementary to Law No. 833.
• Article 16 of the Regulatory Plan of the Canton of Alajuelita.

Deadline and consequences

The owner is granted a period of thirty (30) calendar days, counting from the date of publication, to proceed with the voluntary removal of the works constructed on the public road. In case of non-compliance, the municipality will proceed with the demolition of the construction, charging the costs of the work performed plus an additional 50% to the owner.

The edict is signed by Patricia Sandoval Tencio, attorney, and corresponds to official reference IN202601109451. As this is the second publication, the notice confirms the reiteration of the administrative act and the firmness of the municipal order regarding the interested party.

Relevance

The case illustrates the exercise of municipal urban planning control over the improper occupation of public space, a matter of particular sensitivity in densely populated cantons such as Alajuelita. Publication by edict ensures the publicity of the administrative act and opens the way for the administration to carry out subsidiary demolition if the owner does not comply with the order within the established timeframe, a mechanism that seeks to deter new occupations of public roads.

Source: La Gaceta — Official Gazette, No. 167, Friday, September 4, 2026, Notifications section, page 156 (official reference: IN202601109451).