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Cebu News

Osmeña stands firm: No permits until SM fixes problems

CONVERSATIONS - Jean Marvette A. Demecillo - The Freeman

 CEBU, Philippines - Mayor Tomas Osmeña has turned down the request of SM Seaside City management for the city to reconsider its decision to freeze the issuance of Building Permit and Certificate of Occupancy Permit for the mall's tenants.

Osmeña said he will not allow the issuance of permits until the mall fulfills the requirements of the National Building Code of the Philippines.

"They're not nice to the city. Why should we be nice to them? They think they can get away with anything they want. They give us reconsideration. No. I just want to point out what we filed is a criminal charge not an administrative charge. And if found guilty, I will close them. At least the store," he said.

"Don't you think that's fair? You know, if you tolerate this, it's going to be permanent. It's very hard to correct something that's been there for a long time… how can you expect the future mayor to do that? Kay we have to expand the road, now you demolish all of that. I'll do it now," Osmeña said.

The mall has opted not to issue a statement.

Last Wednesday, the mayor sued the mall for its failure to include parts of the building like the basement, pavement, and roof deck in its tax declaration, which is the basis for the payment of real property tax.

Osmeña also said the mall, which is located at the South Road Properties (SRP) has violated Section 804 (1) of the National Building Code, which mandates a 30-meter minimum setback width for lands adjacent to the road right of way for commercial, industrial, institutional and recreational building along newly developed thoroughfares.

"It is observed that SM Seaside City constructed the plant boxes and stairs on its property line and road right of way and violated provisions of NBCP on the limits of total open space within lot and exceeded the allowable maximum building footprint. SM Seaside City failed to comply with the required mandatory minimum setback," he said in the October 18 letter to the mall management.

Osmeña said the mall does not conform to the regulations of the jurisdiction where it is situated as regards to height, yard, requirements, lot area, and percentage of occupancy.

He asked the mall management to submit a revised or final approved plan for the city to conduct a detailed evaluation of the company's full compliance of the construction of the buildings.

"Any document submitted by your firm and or tenants for purposes of action by the Office of the Building Official shall be held in abeyance until such time as the compliance has been duly inspected and verified by the City of Cebu and DPWH Regional Office VII," the letter reads.

City Engineer Josefa Ylanan said SM Seaside has sent Osmeña a letter, asking him to reconsider his decision to freeze the issuance of permits. At present, there are at least 10 permits pending before Ylanan's office.

"It's Cebu City dictating the common point of reference para mausa ra ang survey. And there were reports that there were portions of the sidewalk that was included in the development of SM so they went beyond their property," she explained.

"It is now being corrected or to be corrected but they wrote to the mayor that they will correct whatever deficiencies they have," she added.

Building permits and occupancy permits are requisites in getting a business permit. Without these permits, tenants are not allowed to operate inside the mall. (FREEMAN)

 

ERTIFICATE OF OCCUPANCY PERMIT

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