The Dumaguete City Legal Office has ordered the demolition of a business establishment for failure to comply with the requirements of the National Building Code, and for continuously operating in spite of several notices of violations.
City Engr. Edwin Quirit identified on Wednesday the establishment as the Chino’s Seafood Restaurant along Flores Ave. in barangay Piapi, represented by Rebecca Ang Gobonseng Cai.
Records show the commercial establishment was issued the first notice of illegal construction on March 28, the second on June 8, and the third on June 22. All three were ignored by the business establishment.
Questions had been raised as to why it took that long for the City to put a stop to the illegal construction, while it was continuously operating as a restaurant.
The business establishment submitted a building permit application on Aug. 11, together with a building plan to the City Engineer’s Office, after which an inspection was conducted.
For six times, the establishment was allowed by the Engineer’s Office to resubmit three sets of their building plan but which were also withdrawn by the applicant each time because it cannot comply with the requirements.
A concerned citizen had sent a complaint to the City Council’s Blue Ribbon Committee chaired by Councilor Michael Bandal, calling for an investigation because of the construction activities’ perceived danger to the public.
According to Quirit, there was difficulty on the part of the owner to correct the submitted plans.
The unsigned letter of complaint described the seafood restaurant as having no fire exit.
The establishment is currently constructing a two-story structure beside the sidewalk, a violation of the City’s zoning and set- back ordinance required of business establishments.
On Nov. 20, City Administrator Rex Gonzales issued a demolition order of the business establishment, giving the applicant Ang Gobonseng Cai 30 days within which to comply with the requirements or the structure in violation of the City Code will be demolished.
Councilor Joe Kenneth Arbas said he wants to see a clear-cut policy on illegal constructions, or a review of existing policies, so that each time the inspectors find a violation, it could be stopped immediately.
He lamented it is unfair for a business entity to be allowed to operate while it is processing its permits, only to face a demolition order when it cannot comply with the requirements, surfaced by an existing complaint.
Arbas said this concern should be addressed as there are contractors willing to take the risk by paying the penalties, rather than waiting for the approval of their building permits so they can proceed with the construction. He said contractors do this because they have deadlines to meet for their clients.
Engr. Quirit stressed the notices issued to the erring establishment is for the immediate stoppage of their operation, and to submit within three days the necessary plans after applying for a preliminary zoning compliance from the City Planning Office, fire safety compliance from the Fire Marshall, prior to the processing of the building permit. It took the City Engineer’s Office 73 days to issue the next notice of violation since the first one issued in March. (Juancho Gallarde/PNA)
