City regulates temporary use of sidewalks

The City Council, during last Monday’s regular session, approved on first reading a proposed ordinance that seeks to amend certain provisions of Ordinance No. 4, series of 1991 that imposed a fee for the temporary occupancy of sidewalks or streets during the duration of building construction or demolition.

Under the proposed amendatory ordinance authored by all members of the local legislative body, 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 the necessary permit for the said purpose.

Further, a fee at the rate 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 the amount of P200 per month as inspection fee until the said project is completed. Assessment of fees shall be done by the City Engineering Office.

On the other hand, the collection of the aforementioned fees shall be made by the City Treasury Office with the corresponding receipt.

After the period granted under the permit shall have expired and no renewal of permit was made, the fee shall be twice per square meter a day.

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 stipulated that a clearance shall first be obtained from the maintenance division of the City Engineering Office to assess and determine the fees to be paid and the period of occupancy or closure; provided that, however, that the closure of a street shall bear the prior approval of 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 safe passage of passersby and motorists in the said area.

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

Moreover, 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 to the same in an amount to be determined by the City Engineering Office.

The ordinance explained that failure of the property owner or contractor to secure the necessary permit before occupying portions of any sidewalk, street, road or alley shall be penalized by imprisonment of 10 days and a fine of P5,000 or both at the sound discretion of the court; provided that, in case of a corporation, firm, partnership or association, the penalty shall be imposed upon its responsible officials for such violation. In case the guilty party is an alien, he or shall be recommended for deportation after payment of the fine or service of the sentence.

The national Building Code and all national building code office circulars issued by the Public works Secretary shall be suppletory to the said ordinance. – Dexter A. See