Zoning violators

City to file complaint vs four establishments

THE CITY Planning and Development Office (CPDO) is planning on filing a criminal complaint against four establishments for violating the zoning ordinance of the city.

CPDO Deputy Assistant Roy Ryan Rigor said they are now gathering evidence against those establishments so they could file the complaint. Rigor did not divulge the name of the establishments but said they are now reviewing data such as the date of construction, date of discovery and locational clearance.

Section 15 of the Comprehensive Zoning Ordinance of Davao City states that if a person is criminally charged s/he will be punished by a fine of not less than 10% but not more than 50% of the project cost or by imprisonment of not less than six months but not exceeding one year or both at the discretion of the court.

Under the law, in case of violation by corporation, partnership or association, the penalty will be imposed upon the officer-in-charge of the construction and the president.

Apart from the criminal sanction of the ordinance, an administrative penalty of P500 per day will be imposed against any person who undertakes pre-development or pre-construction of a project in any area or land without locational clearance or Preliminary Approval and Locational Clearance (PALC) and/or Development Permit (DP) reckoned from start of the conduct of any activity of the construction on the land or property to be determined by the zoning administrator.

Last June, the CPDO filed charges against Taipan Development Inc. for failing to secure permits and clearances prior to the construction of Gaisano Capital Mall in Catalunan Pequeño which is a violation under Section 1 of Article 14 of the Comprehensive Zoning Ordinance of Davao City. This states that all owners/developers shall secure locational clearance from the Zoning Administrator prior to conducting any activity or construction on their property/land.

The case is still pending before the Municipal Trial Court in Cities.

Meanwhile, Rigor added that on August they also filed a criminal complaint before the Office of the City Prosecutor against a private individual who constructed a building at Shire Hills for violating the zoning ordinance.