Republic of the Philippines
CITY OF PAGADIAN
Office of the City Board
1st City Board 10th Session
2nd Year Assembly Bill No. 47
ORDINANCE NO. 32
"AN ORDINANCE REGULATING THE CONSTRUCTION, REPAIR OR REMODELLING OF PERMANENT OR SEMI-PERMANENT FENCES ON OR ALONG THE BOUNDARIES OF ANY LOT WITHIN THE CITY OF PAGADIAN AND IMPOSING PENALTIES FOR VIOLATION THEREOF"
BE IT ORDAINED BY THE CITY BOARD OF PAGADIAN, THAT:
SECTION 1. Definition of Terms:
a. Fence - means any vertical post or horizontal bar, solid cement, hollow blocks, stone, ripraps or bricks erected on the boundaries of any lot, except those fences or partition constructed within the land area.
b. Construction - this refers specifically to the original making of a permanent or semi-permanent fence or fences around a certain piece of land on or along its boundaries.
c. Repair - means the replacement of destroyed materials of a permanent or semi-permanent fence or fences without changing the original form, width, and length of the said fence.
d. Remodelling - means the changing or altering the form, width, length of any existing permanent or semi-permanent fence.
e. Lot Area - connotes a certain place around it and along its defined boundary limits of any land, usually designated in square meters, or in hectares.
f. Semi-Permanent - are those fences constructed of light materials such as hard wood, lumber, round timber, lumber sticks, barbed wire and other light materials by its nature intended to by the owner.
g. Permanent - are those fences constructed of solid concrete, hollow blocks, steel bars, steel bars with wires, stone ripraps or bricks which are of permanent in nature as intended by the owner.
SECTION 2. It shall be unlawful for any person or persons to construct, repair or remodel any permanent or semi-permanent fence or fences without first securing the necessary permit from the City Mayor, and the payment of the following fees:
a. Mayor's Permit Fee P5.00
b. City Engineer's Inspection Fee 5.00
Provided, however, that no permit nor any fee shall be imposed on fences constructed out of bamboos, wooden sticks, coconut palms or other materials less than 1 � meters in height; Provided, further that fence constructed by the National Government or any of its political subdivisions or public schools shall be exempted from securing Mayor's permit and from paying the corresponding fees therefore.
SECTION 3. Requirement for constructing, repair or remodeling plan. - Construction, repair or remodeling of permanent or semi-permanent fences more than 3 meters high requires a plan which needs the approval of the City Engineer before such construction, repair or remodeling is made.
SECTION 4. The construction of any fence of any material blocking, encroaching or crossing any city streets, alleys, or sidewalks or any public property by any person or persons shall be prohibited.
SECTION 5. This Ordinance shall not apply to those permanent or semi-permanent fence or fences constructed prior to the effectivity of this law, unless the fence or fences encroaches any street, alley or sidewalk.
SECTION 6. Any person or persons convicted for violating this Ordinance shall pay a fine of not less than Ten (P10.00) Pesos but not more than Twenty (P20.00) Pesos or an imprisonment of not less than four (4) days but not more than eight (8) days or both such fine and imprisonment in the discretion of the Court, and any illegal construction as specified in Section 4 shall be demolished by the owner or by the government at the expense of the owner.
SECTION 7. Ordinance No. 15, series of 1965 and all ordinances inconsistent with the provisions of this Ordinance are hereby amended, repealed or abrogated.
SECTION 8. This Ordinance shall take effect immediately five (5) days after it shall have been posted in the different bulletin boards in the City of Pagadian.
ENACTED AND APPROVED by the City Board of Pagadian during its 10th Session on October 19, 1970.
APPROVED by operation of Republic Act No. 5478.
ATTESTED:
(SGD.) ROMEO B. TAN
Secretary to the Board