Ordinance covering old buildings in city drafted

CEBU, Philippines - The Cebu City Legal Office has drafted an ordinance regulating the repair or removal of abandoned or damaged buildings in the city.

This after Mayor Michael Rama asked the office to come up with a mechanism that would enable the city government to destroy all abandoned buildings here after a canopy of a shop along Manalili Street fell off last month and injured two people seriously.

City Attorney Jerone Castillo said his office has already endorsed the draft ordinance to City Councilor Noel Wenceslao for sponsorship in the City Council.

The proposed measure is entitled, “Abandoned and Ruinous Building Ordinance of the City of Cebu.”

“The City of Cebu, at the forefront of metropolitan development and industrial progress, undertakes endeavors essential to the promotion of public safety and general welfare and the improvement of the quality of life of every Cebuano,” it reads.

“Abandoned, damaged, ruinous or dilapidated” buildings within the city should be regulated by the city government because these buildings are “unsafe, unsanitary, dangerous or detrimental to the public safety,” it reads further.

Section 2 of the proposed measure defines abandoned buildings as “those which are declared by the building official as such where the owner or prior occupant has moved or otherwise vacated and thereafter the building has not been occupied for a period of at least ninety (90) consecutive days and there is evidence of one or more of the following; building has been declared uninhabitable, vandalized structures, lack of exterior maintenance per national Building Code standards, structural damage, and utility service shut off pursuant to delinquent billing.

The same section also defines dangerous buildings as those declared by the building official as “structurally unsafe.” The ruinous buildings are defined as being in a state of disrepair, deterioration, depreciation, have been damaged by fire, collapse, wind, typhoon, act of God, or any other cause or are a nuisance due to its unsightly, hazardous, or dangerous nature.”

Last November 9, Cynthia Andrada, 34, and her daughter Shean Andrada, 11, of Barangay T. Padilla had to be brought to a hospital after they sustained severe injuries when the canopy of Jacky’s Fashion Wear shop along Manalili Street fell off.

 It is proposed that violators – either individuals or corporations – will be fined a maximum of P5,000.

The Cebu City’s Office of the Building Official has the authority to declare if a building is dilapidated or ruinous.

Should the OBO declare a building as ruinous, damaged, or dangerous, the property’s occupancy permit will be “revoked, and the property will be condemned to prevent occupancy.”

However, it is stipulated in the proposed measure that a written notice shall be given to the property owners that would enable them to repair or demolish the structures within 15 days.

“Within the 15-day period, the lot or building owner or the last known occupant may, if he/she so desires, appeal to the Department of Public Works and Highways Secretary the finding or declaration of the Office of the Building Official and ask that a reinspection or reinvestigation of the building or structure be made,” the proposed measure reads.

Under the proposal, no abandoned building shall be reoccupied until it has been inspected and found to be in full compliance with all applicable rules and regulations and a final inspection certificate is issued by the OBO.  (FREEMAN)