CEBU CITY (June 4, 2024) – The Office of the Building Official (OBO) reminds barangay leaders that they can stop construction activities if contractors are found to have not secured building permits or clearances.
Arch’t. Florante Catalan, OBO head, said the barangays are empowered to do so based on City Ordinance 1481 or the city’s Building Construction Ordinance of 1993.
“Klarohon nato nga ang barangay is the first one to move (against erring contractors) kay sila man nakakita sa site. Ikaduha ra ta,” he said during OBO’s Sayon Ra, Paspas Pa teleradyo program over Sugboanon Channel.
Catalan said the ordinance empowers barangay officials beyond monitoring construction activities within their jurisdiction and issue clearances.
The barangay can also notify contractors if they fail to present a building permit or clearance from the City and the barangay, he added.
Catalan said that the barangays are also empowered to issue cease and desist orders against anyone constructing illegal structures such as those considered as public nuisances.
But Catalan also advised barangay officials to seek the City’s intervention in case if the contractor or building owner refuses to follow their mandate.
He said that the barangay can seek the intervention of the City Legal Office to address the erring contractor or building owner.
“The barangay captain will write to the City Legal Office, informing that this company is not securing (permits) and dili sad siya mohunong og construction (even) without barangay clearance so the City can file a case,” he added.
The ordinance also empowers the City and the barangay to temporarily seize the erring contractor’s construction materials.
Catalan said the erring contractors or building owners can redeem their materials within six months after receiving the notice of seizure.
Treasurers from the City or barangay are tasked to safe keep the seized construction materials, he added.
Catalan also warned building owners, contractors and their personnel that they could be held liable with criminal, civil or administrative charges if they violate City Ordinance 1481.
He said that violators of the ordinance can face several penalties including imprisonment of not less than six months nor more than one year; to pay a fine not less than P3,000 to P5,000; or both.
Proactive involvement
Some barangay leaders are actively complying with the ordinance without the need to penalize building owners and contractors.
Barangay Pardo chief Danilo “Danny” Lim said he closely coordinates with building owners and contractors in his village to ensure that they are compliant with the ordinance.
A licensed architect himself and a former OBO official, Lim said he personally requires building owners and contractors to submit some of their plans to the barangay.
He shared during OBO’s teleradyo program that he even conducts inspection of construction sites if he sees possible violations from the contractor or building owner.
“Prior to the application (of the barangay clearance), we need to see their plan. We have to see to it nga kung unsa ilang tukoron, nga wala tay problema sa mga drainage outlets ug walay complaint sa ilang mga silingan,” Lim said.
He also consults with his constituents, especially if they live near an area with a major construction activity.
Lim said since his term began, he only encountered one erring contractor who was caught doing construction activities without a barangay clearance.
He immediately met with the contractor and convinced him to suspend his activities while he waits for his barangay clearance and building permit. | RMN / jkv
Cebu City • News & Information 