Pagadian City Ordinance No. 2001-195 — Creating The Office Of The Building Official, Prescribing Its Duties,…

ORDINANCE NO: 2001-195

"AN ORDINANCE CREATING THE OFFICE OF THE BUILDING OFFICIAL, PRESCRIBING ITS DUTIES, FUNCTIONS AND RESPONSIBILITIES AND FOR OTHER PURPOSES"

	WHEREAS, Book III of the Local Government Code, Chapter 2, Section 454, (c) (2) empowers the City Council to create such offices as maybe necessary to carry out the purposes of the City Government;

	WHEREAS, the City Council is likewise authorized to determine the powers and duties of officials and employees of the City, subject to the provisions of the Local Government Code, and pertinent laws, under Book III, Article 3, Section 456 (I) (VII) and (VIII) of the said Code;

	WHEREAS, the City Engineer presently functions as the Ex-Officio Building Officials in addition to his usual duties;

	WHEREAS, this new office is anticipated to relieve the City Engineer of the burden of his responsibilities as Ex-Officio Building Official, thereby ensuring that his efforts are concentrated on the City's development projects; and

	WHEREAS,	the creation of the said office is deemed necessary to ensure strict compliance with the provisions of the National Building Code to guarantee that all aspects of building construction and maintenance are regulated to secure and protect life and property as well as speed up the processing and approval of permits.

	NOW THEREFORE:

	BE IT ORDAINED by the City Council of the City of Pagadian in session assembled that:

	SECTION 1. CREATION OF OFFICE. The Office of the Building Official is hereby created with the following powers, duties, functions and responsibilities:

a)	Enforce the provisions of building  ordinance and/or regulations of the City, Building Code of the Philippines, and pertinent provisions of the Accessibility Law;
b)	Enter any building or its premises at all reasonable time to inspect and determine compliance with the requirements of the Code, and the terms and conditions provided for in the Building Permit issued;
c)	Order the work stoppage when any building work is found to be contrary to the provisions of the Code and prescribes the terms and/or conditions when the work will be allowed to resume;
d)	Order the discontinuance of the occupancy or use of any building or structure or portion thereof found to be occupied or used contrary to the provisions of the Code;
SECTION 6. DISPOSITION OF FUNDS. All fees and fines imposed and collected under the existing building ordinance, code or regulations shall be held in trust  by the City Treasurer. The Building Official is authorized to retain not more than twenty percent (20%) of the collection for the operating expenses of his Office, subject to existing budgetary, accounting and auditing rules and regulations.

The remaining eighty percent (80%) shall be deposited with the City Treasurer and shall accrue to the General Fund of the City.

SECTION 7. SEPARABILITY CLAUSE. If any of the provisions of this Ordinance is declared unconstitutional, null and void, it shall not affect the validity of the entire Ordinance.

SECTION 8. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon the approval.

	ENACTED AND APPROVED by the Sangguniang Panlungsod (6th City Council) of Pagadian City on its 143rd  Regular Session held on June 13, 2001 at the Sangguniang Panlungsod Session Hall.