Baguio City regulates illegal use of sidewalks

BAGUIO CITY: The City Council approved on first reading Aug. 8, a proposed ordinance that seeks to amend certain provisions that imposed a fee for the temporary occupancy of sidewalks or streets during the duration of building construction or demolition.
    Under the proposed amendment of Ordinance 4, series of 1991, authored by members of the City Council, 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.
    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 an 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 these fees shall be made by the City Treasury Office with the corresponding receipt.
    After the period granted under the permit has expired and no renewal of the permit was made, the fee shall be doubled 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 said 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, 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 a foreigner, he or shall be recommended for deportation after payment of the fine or service of the sentence.