Codigo Municipal (Ley N.º 7794) - municipal government, mayor's office, citizen participation and municipal finance

The Codigo Municipal (Ley N.º 7794, of 30 April 1998) is the law that organizes how the government of each canton in Costa Rica works: who composes it, how officials are elected, what they can do and how spending is controlled. This fact sheet covers municipal organization, citizen participation and municipal finance — for the operational procedure of a commercial license see the fact sheet “Codigo Municipal - marco legal de la patente comercial” and the directory of municipalities by province.

Municipal government organization (Articulo 12): the municipal government is composed of the Concejo (deliberative body formed by the regidores) and a mayor with his respective alternate — two vice‑mayors, first and second — all elected by popular vote.

Election and term (Articulo 14): municipal offices (mayors, vice‑mayors, regidores, síndicos) are elected every four years, on the first Sunday of February, two years after the presidential and legislative elections — these are mid‑term elections, separate from the national ones. They take office on 1 May of the election year and may be re‑elected.

Requirements to be mayor (Articulos 15-16): be a Costa Rican citizen in full exercise of rights, belong to the secular state, and be registered electorally in the canton where you will serve at least two years prior. Persons who are permanently disqualified by a final judicial sentence from holding public office cannot be candidates.

Main duties of the mayor (Articulo 17): general administrator and head of municipal departments; presents the government program and budget proposals to the Concejo; appoints, promotes and removes municipal personnel; accounts to residents through an annual report presented to the Concejo (to be discussed and approved in the first half of March); legally represents the municipality. Attends Concejo sessions with a voice but no vote, and can veto municipal agreements.

Loss of mayoral credential (Articulo 18): the office is automatically lost by anyone who, among other causes, is unjustifiably absent from duties for more than eight days, is disqualified by a final judicial sentence, incurs causes under the Ley Orgánica de la Contraloría, or resigns voluntarily.

Recall plebiscite of the mayor (Articulo 19): the Concejo may call the canton’s voters to a plebiscite to dismiss the mayor. It requires a motion signed by at least one‑third of the regidores and approved by at least three‑quarters of the Concejo. Dismissal requires at least two‑thirds of the votes cast in the plebiscite to be in favor, and participation must be at least 10 % of the canton’s electoral roll. If dismissal is approved, the Tribunal Supremo de Elecciones replaces the mayor with the corresponding vice‑mayor for the remainder of the term.

Duties of the Municipal Concejo (Articulo 13, summary): set the canton’s development policy and priorities; approve the municipal budget; agree on the holding of plebiscites, referendums and cabildos (see below); approve the Municipal Development Plan; issue urban planning measures; and notify the Tribunal Supremo de Elecciones of infractions that justify the automatic removal of a regidor or the mayor himself.

Síndicos and District Councils (Articulos 54-60): each district of a canton has its own District Council, elected by popular vote together with the mayor, composed of an owner síndico and his alternate plus other members. They monitor municipal activity in their district, propose to the Municipal Concejo the priority order of works and the allocation of resources assigned to the district, and receive complaints or reports of irregular conduct by public officials to forward to the competent authority.

Direct citizen participation — plebiscites, referendums and cabildos (Articulo 13, inciso k): the municipality may call these popular consultations following a regulation prepared with the advice of the Tribunal Supremo de Elecciones. The TSE must have delegates present during these processes to certify that legal requirements have been met.

Municipal finance — the budget (Articulos 100-108): the municipal fiscal year runs from 1 January to 31 December. The mayor must submit the ordinary budget draft to the Concejo no later than 30 August each year; the