ORDINANCE NO: 2016-360 Co-Sponsors: Committee on Laws, Rules & Policy Formulation; Committee on Finance & Appropriations; and Committee on Youth Welfare, Juvenile Delinquency & Drug Addiction "AN ORDINANCE CREATING AND ESTABLISHING THE CITY ANTI-DANGEROUS DRUGS ADMINISTRATIVE BOARD IN THE CITY OF PAGADIAN, DEFINING ITS FUNCTIONS AND PROVIDING FUNDS THEREFOR" WHEREAS, Local Government Units, pursuant to Section 51, Article VII of Republic Act No. 9165 otherwise known as "Comprehensive Dangerous Drugs Act of 2002," are mandated to address the illegal drug problem in their respective localities by giving emphasis to drug abuse prevention, anti-drug education programs and the rehabilitation and treatment of drug dependents; WHEREAS, Section 52, Article VII of the same law states: "that any place or premises which has been used on two (2) or more occasions as site for unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance and such nuisance may be abated xxxxx"; WHEREAS, consistent with the above-cited Act, the Department of the Interior and Local Government (DILG) issued Memorandum Circular No. 2009-09, dated 09 January 2009, which, in gist, directs Local Chief Executives to ensure that the mandated tasks and responsibilities cited under Sections 51 to 53, Article VII of Republic Act 9165 are fully implemented; WHEREAS, the City Government of Pagadian, in support of the national government's intensified campaign against illegal drugs, desires and commits to implement the afore-cited laws and orders, thus appropriate policies and programs must be put in place to create and ensure a drug-free environment that is conducive to peaceful and progressive living among the populace; NOW, THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of Pagadian City, in a regular session assembled, that: Section 1. Creation and Purpose. There is hereby created and established in the City of Pagadian the City Anti-Dangerous Drugs Administrative Board for the purpose of establishing a venue to hear and decide complaints or grievances in relation to the declaration, as a Public Nuisance, any place or premises beings used on two (2) or more occasions as site for the unlawful sale or delivery of dangerous drugs pursuant to the mandate of Republic Act No. 9165. Section 2. Definition of Terms. For purposes of this Ordinance the following terms are defined as follows: Administrative Board - refers to the City Anti-Dangerous Drugs Administrative Board of the City of Pagadian. Nuisance Place - refers to a place, site or premises used in unlawful sale or delivery of dangerous drugs which is declared public nuisance by the Administrative Board and the subject of abatement pursuant to Section 52, Article VII of Republic Act No. 9165. Site, Premises, Den Dive or Resort - A place, site or premises where any dangerous and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed sold or used in any form. (As defined in R.A 9165) Section 3. Functions and Responsibilities. The City Anti-Dangerous Drugs Administrative Board shall be primarily responsible in hearing and deciding complaints for the declaration of any place or premises which have been used on two (2) or more occasions as site of the unlawful sale or delivery of dangerous drugs as public nuisance, and to perform other related functions, to wit: 3.1 To develop a comprehensive, integrated, unified and balanced drug-abuse prevention program and control strategy; 3.2 To ensure full compliance, participation and support to the provisions of Republic Act No. 9165; 3.3 To assist the Pagadian Anti-Drug Abuse Council (PADAC) in overseeing the operation and implementation of the Barangay Anti-Drug Abuse Council and ensure that they perform their respective functions and responsibilities; 3.4 To coordinate and collaborate with the PADAC in formulating and implementing a sustainable anti-drug abuse program in matters relating to rehabilitation or treatment programs for drug dependents; and 3.5 To coordinate with the Dangerous Drugs Board. Section 4. Procedure in the Conduct of Hearing for the Declaration of any Place or Premises as Public Nuisance. Any place or premises within the territorial jurisdiction of the City of Pagadian which have been used on two (2) or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance, and the same may be abated, subject to the following procedures: The Administrative Board shall have sole and exclusive jurisdiction over complaints for declaration of any place or premises which have been used on two (2) or more occasions as the site of the unlawful sale or delivery of dangerous drugs as Public Nuisance; Any employee, officer or resident of the City of Pagadian may file a complaint before the Administrative Board after giving not less than three (3) days written notice of such complaint to the owner or owners of the place or premises at his/her last known address; Upon receipt of the complaint, the Administrative Board shall then issue a notification of the date, time and place of the scheduled hearing, wherein it may consider any evidence-including evidence of the general reputation of the place or premises, at which the owner of the referred premises shall have an opportunity to present evidence in his/her defense; After the opposing parties shall have completed their presentation of their respective evidences to support their positions and rested their case, the Administrative Board, within thirty (30) days, shall, if the evidence so warrants, declare the place or premises as public nuisance otherwise dismiss the complaint; Should the Administrative Board declared the place or premises to be a public nuisance, it may issue a corresponding Order to direct the immediate prohibition on the conduct, operation, or maintenance of any business or activity on the place or premises which is conducive to such nuisance. For all purposes, the Order shall automatically expire after one (1) year or at such earlier period as stated in the Order. The Administrative Board, however, may file in the regular courts a complaint seeking a permanent injunction against any place or premises declared as public nuisance. Section 5. Composition of the Administrative Board. Chairperson : City Vice Mayor 2. Vice Chairperson : Chairman, SP Committee on Police, Fire and Public Safety 3. Members : City Legal Officer : City Health Officer : Socio-Civic Religious Leader : DDB-PDEA Designated/Deputized (Ex-Officio Member) : Representative from the Business Sector Section 6. Meeting of the Administrative Board. The Administrative Board, apart from fulfilling their primary function to hear and decide complaints filed before it, shall meet once a month or as often as necessary, at the discretion of the chairperson or at the call of the majority of the members of the Administrative Board, to perform other related functions as mandated under Section 3 hereof. Section 7. Funding Requirement. The City Government of Pagadian, pursuant to Section 51, Article VII of Republic Act No. 9165, shall appropriate substantial portion of the city's annual budget to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents. Section 8. Separability Clause. If any part of this Ordinance is declared not valid, unconstitutional or unlawful, such declaration shall not affect or impair the remaining provisions or sections or parts thereof, which shall remain or continue to be in full force and effect. Section 9. Repealing Clause. All previous Ordinances inconsistent with this Ordinance shall be deemed amended, modified or repealed accordingly. Section 10. Effectivity Clause. This Ordinance shall take effect immediately after fifteen (15) days following the Publication in a local newspaper of general circulation. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 8th Regular Session held on 23 August 2016 at the Sangguniang Panlungsod Session Hall, Pagadian City.