CLO backs zoning board’s power to impose penalties

CEBU, Philippines — The City Legal Office has sustained the authority of the Cebu City Zoning Board to impose penalties against violators of the National Building Code.

Lawyer Rey Gealon said the CCZB resolution imposing a penalty of P500 per square meter of the total area of the building found to have been constructed without permit is valid and within the ambit of the law.

Gealon made the opinion in response to the query made by the City Council on the legality of the CCZB resolution. He said the resolution was anchored on the power of the city government under the Local Government Code to require ancillary permits and impose corresponding fees, charges and penalties.

He said that under Section 5.2 Article IX B of the Zoning Ordinance, the CCZB may grant or deny, with or without conditions, all applications for exceptions or variance. And as provided under the city ordinance no. 1656, the CCBZ has the authority and power to impose these penalties.

CCZB resolution No. 19-168 provides for P500 per square meter of the total building area as penalty for every building constructed without prior permits. The board came up with the resolution after having observed the prevalence of non-compliant building constructions all over the city.

An owner of a building construction cited for violation earlier sought to waive the penalties against him. The CCZB found out during inspection that the building was already 70 percent complete but did not have the required permit. (FREEMAN)