March 25, 2023

The city council approved on first reading a proposed ordinance that seeks to amend certain provisions of Ordinance 4, s. 1991 that imposed a fee for the temporary occupancy of sidewalks or streets for the duration of building construction or demolition.

Under the proposed amendatory ordinance authored by all council members, it shall be unlawful for any property owner or a contractor to occupy a portion of a sidewalk, street, road, and alley during the construction or demolition of a building without securing a permit.

A fee of P5 a day per square meter of the occupied sidewalk, street, road, and alley shall be collected from the property owner or contractor.

In case of renewal of the permit, the property owner or the contractor shall pay P200 per month as inspection fee until the project is completed.

Assessment of fees shall be done by the City Engineering Office and payment must be at the City Treasury Office for the issuance of a receipt.

Prior to the issuance by the City Mayor’s Office of the permit for the closure or occupancy of the sidewalk, street, road and alley, the ordinance provided a clearance shall first be obtained from the CEO to assess and determine the fees to be paid and the period of occupancy or closure; provided the closure of a street shall be approved by the city council.

According to the proposal, it shall be the responsibility of the owner or contractor occupying or closing a sidewalk, street, road or alley to provide measures to ensure the safety of passersby and motorists in the affected area.

After the completion of the project, the ordinance stated the expenses for the repair and restoration of the sidewalk, street, road, or alley shall be borne by the property owner or contractor.

The owner or contractor of any project who occupies a portion of a sidewalk, street, road and alley during the building construction or demolition shall be required to deposit a bond with the City Treasury Office to cover any damage.

Those who fail to secure permits shall be penalized by imprisonment of 10 days and a fine of P5,000 or both at the discretion of the court; provided that, in case of a corporation, firm, partnership or association, the penalty shall be imposed upon its responsible officials. In case the guilty party is a foreigner, he or shall be recommended for deportation after payment of the fine or service of the sentence. – PIO release