Permit needed for Mandaue street and sidewalk work

CEBU, Philippines - The Mandaue City Council has passed on third and final reading a proposed ordinance that will oblige privately-owned entities and government-controlled utility companies to secure a street and sidewalk work permit prior to undertaking any type of project along any of Mandaue's sidewalks, roads and streets.

"There exists a pressing need for the City of Mandaue to take control and account of all projects and constructions on and along the sidewalks, roads and streets so as it can properly manage the negative effects to the public that arise from these projects and construction," said Councilor Malcolm Sanchez, who sponsored the proposed ordinance.

Sanchez said any form of project or construction done along a sidewalk or road affects the flow of traffic and leads to greater inconvenience to pedestrians and motorists.     

Sanchez added that he observed that some projects are carried out without providing notice or information to concerned government offices.

Under the ordinance, the government controlled and private owned entities are required to secure a street and sidewalk permit from the City Engineer's Office, at the minimum 30-days prior to the commencement of the project or construction.

The ordinance also requires that permits shall include expiry dates, which means the project or construction has to be completed on or before the expiration date stated in the permit. If the registrant fails to complete the project, the registrant will pay P200 for a first extension fee.

Section 5 of the ordinance stipulates that the applicant will be responsible for restoring the sidewalk, road or street to its previous form after the construction within 15-days from the date of completion.

Majority Floor Leader and Chairman of the Committee on Laws and Ordinances Nenita Ceniza-Layese, in her committee report, said that imposition of fines should be amended as provided under the Local Government Code.

In the penalty clause, a fine of P10,000 is set for first offense for non-compliance with street and sidewalk permit ordinance of the city, with P15,000 for second offense and P20,000 for third offense.

According to Layese, the Sanguniang Panlungsod has the power to regulate the use of the streets, avenues, alleys, sidewalks and bridges and approve ordinances imposing a fine not exceeding P5,000 or an imprisonment not exceeding one year or both in the discretion of the court.

"The city cannot impose a penalty of more than P5,000.00 and imprisonment of more than one year, as provided under Section 458 of the Local Government Code," Layese said in her report.

Layese recommends for the approval of the ordinance provided that amendments will be made on the penalties.

The Department of Public Works and Highways and other national government agencies, while they are exempted from the fees, still have to secure permits for using the streets and sidewalks.

If the ordinance will be approved, an initial funding of P100,000 from the general operating funds will be allocated. (FREEMAN)