THE Davao City Planning and Development Office (CPDO) said that aside from Gaisano Capital Mall that was sued last June 28 for illegal building construction, there are more private commercial and residential establishments that violated the city's zoning ordinance.
Roy Ryan Rigor, CPDO acting zoning administrator, said most of these establishment owners already have pending approved location clearance, but developers already started construction, some having already finished construction, way before the clearance is released.
Section 1 Article 14 of the Comprehensive Zoning Ordinance of Davao City states that all owners or developers shall secure locational clearance from the zoning administrator prior to conduct of any activity or construction on their property.
With the case of Gaisano Capital Mall developed by the Taipan Development Inc., Rigor said the construction persisted even when the zoning office did not issue them a clearance.
"We refused to confirm their request of a locational clearance last year because their mall is planned to be put in a residential area within a water resource zone, which is a violation of our zoning ordinance," Rigor said.
Despite their refusal to release a clearance, Rigor said the developer still continued the mall construction even after several notices from the zoning administrator, pushing the local government to file a criminal case.
Those developers that have started their constructions but already have pending approved clearances still have to face charges for the violation committed.
"The developers have to pay P500 per day starting the first day of the construction until the clearance is released," Rigor said.
Rigor said no developers should claim that they do not know the provisions of the zoning ordinance, adding that developers are expected to process a locational clearance as it is the core requirement in applying a building permit.
At present, Rigor said the office is continuously conducting inspections on various commercial and residential establishments to assess those who have violated the ordinance.