Zoning board’s power to penalize violators sustained

CEBU, Philippines — The Cebu City Legal Office has upheld the authority of the Cebu City Zoning Board (CCZB) to impose penalties for violations of the National Building Code.

The zoning board sought CLO’s legal opinion on the request of a private building owner to waive the penalties against him for failure to acquire the necessary permits before starting a construction project.

The CCZB found out during inspection that the building was 70 percent complete already but did not have the necessary permits, in violation of the city ordinance and the National Building Code.

A P500 penalty for every square meter of the total building area was imposed on Genara Pintoy for illegal construction. Pintoy, through Peter Higgins, requested that the penalties be waived.

 As stated in the letter, Higgins mentioned that ever since they received the first notice of illegal construction they have worked with Architect Florante Catalan, head of the Office of the Building Official (OBO), to correct the deficiency.

CCZB passed a resolution on October 9, 2019 approving the application of variance applied by Pintoy with the conditions of paying P500 per square meter, and revocation after due inspection if the conditions are not complied with.

As provided under the city ordinance no. 1656 the CCBZ has the authority and power to impose these penalties.

Attorney Rey Gealon, city legal officer, said that they are upholding the authority of the zoning board in this matter.

“There has to be “teeth” in our regulations lest we will just be made a “laughing stock” of erring building owners and contractors if there is more breach than observance of the same,” said Gealon.

Gealon added that this will serve as a message that Mayor Edgardo Labella is serious in upholding the “Rule of Law”.  FPL (FREEMAN)