BUSINESSES located in residential areas or subdivision should secure permit from the homeowners association registered under Housing and Land Use Regulatory Board (HLURB), a city councilor said.
Davao City Councilor Ralph Abella said there are some businesses located in these areas but the residents are not fully made aware, which may cause any nuisance or pose danger.
“Some businesses are located in residential areas or subdivisions and the law is silent on how the government can ensure peace and order and protect the interest of people living in these areas, particularly in subdivisions and densely populated or gated communities,” Abella said.
“We may never know that our neighbors may conduct business in their homes which may cause any forms of nuisance, pose danger or harm to their neighbors and which will disrupt the peace and order of the community,” Abella added.
This led him to file his proposed ordinance on Tuesday, December 10, requiring all businesses located in subdivisions, villages, and gated communities to secure permit from homeowners association registered under HLURB prior to the issuance of barangay (village) clearance for business permits purposes.
The councilor said homeowners associations, which can grant or deny the request, must issue it within a period of seven days from the date of request or request was received.
The ordinance also mandates the village to ensure that prior to the issuance of clearance, a permit from the homeowners association must be secured, he added.
Abella said the issuance of barangay clearance is mandated under Republic Act 11032 or the Ease of Doing Business.
He said failure of any association to comply with this ordinance shall be penalized with P1,000 for the first offense, P3,000 for second offense, and P5,000 for the third offense.
He also said village officials who failed to comply with the proposed ordinance will be charged with an administrative case against them.