ORDINANCE NO: 2018-410 (Author: Honorable Cesar C. Dacal, Jr.) "AN ORDINANCE REGULATING THE EXCAVATION AND RESTORATION OF EXCAVATED PORTIONS OF ROADS AND STREETS TO INCLUDE CONCRETE ALLEYS AND PASSAGEWAYS IN THE CITY OF PAGADIAN, PRESCRIBING FEES AND CHARGES AND IMPOSING PENALTY FOR VIOLATION THEREOF" WHEREAS, in view of the city's rapid growth in population brought about by the influx of local migrants due to the suitable and vibrant economic atmosphere, the demand for potable water has immensely increased such that the problem of an interminable, unregulated and improper digging, drilling and/or excavation of the city streets and roads for the purpose of establishing water line connection for every household or laying of water pipes by the Pagadian City Water District cannot be understated; WHEREAS, such predicament, if tolerated and left unattended, could pose hazard to the life and limbs of the motorists and pedestrian alike aside from the traffic hazards and inconvenience it may cause to the detriment of the general public; WHEREAS, pursuant to Sub-Paragraph viii, Paragraph 5 of Section 458 of Republic Act No. 7160 otherwise known as the "Local Government Code of 1991", the Sangguniang Panlungsod may regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures to ensure public safety; WHEREAS, while taking full adherence to the Constitutional requirement that no law shall abridged the right to life x x x-considering that water is an essential element of life-however there is an urgent need to adopt appropriate regulatory measures concerning the unregulated and improper digging and/or excavation of city streets and roads to ensure safety, protection and convenience of the constituents as well as preserve the infrastructure against the use of inferior or substandard materials during the restoration of such excavated road/street or being left from unrestored/abandoned; NOW, THEREFORE, BE IT ORDAINED AS IT IS HEREBY ORDAINED, by the Sangguniang Panlungsod of Pagadian City (12th Council), in a regular session assembled, that: Section 1. Title. - This ordinance shall be known as "An Ordinance Regulating the Excavation and Restoration of Excavated Portions of Roads and Streets to Include Concrete Alleys and Passageways in the City of Pagadian, Prescribing Fees and Charges and Imposing Penalty for Violation Thereof." Section 2. Purposes. - This Ordinance is enacted with the following intentions, to wit: a) To address the digging problem and excavation done in the City's streets and roads by different companies or private individuals which posed vehicular accidents, traffic congestions and inconveniences which may be caused by improper digging, drilling, excavation in the laying of water pipes and other wire pipes and the substandard restoration thereof in public roads and streets. b) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous, defective, or otherwise hazardous to the welfare of the inhabitants; c) Prescribe fees for excavation and restoration of excavated portions of roads and streets and to impose penalties; d) Barangay Council shall enforce laws and regulation relating to illegal digging/excavation and protection of the environment. Section 3. Definition of Terms. - As used in this Ordinance, the following terms shall be defined as: a) Excavation - digging or unearthing in streets, thoroughfares including passageways and sidewalks within the city, for the installation, repair or improvement of water pipes, gas pipes, telephone or telegraph wires or cable conduit, sewer and drainage system and/or pipes, telephone constructions/improvements, communication and power lines undertaken by the government/public or private utility companies. b) Insertion - to put inside the drainage canal, sewer pipes, culvert lines, cables, water pipes and power lines. c) Restoration - to bring back into use structures damaged or displaced due to excavation, concrete or asphalt pavements, curbs and gutters, and other similar structures. Section 4. Requirement to Secure the Necessary Permit to Excavate and Restore the Concrete Pavement. - Prior to the undertaking of any diggings, drillings and excavations of any city roads, streets and/or concreted alleys including the national highways, the necessary permit to excavate and restore the excavated portion shall be required. Section 5. Requisites in the Issuance of Permit. - In the issuance of the required excavation and restoration permit, the following requisites must be complied with, viz: a) Any person, whether natural or juridical, must file an application for permit to undertake excavation and restoration of the concrete pavement of excavated portions of city roads, streets and concreted alleys including the national highways with the City Engineer's Office (CEO). Section 10. Time of Payment. - The fees imposed under this Ordinance shall be paid to the City Treasurer's Office before the permit to dig or excavate is issued. Such permit is valid only when the official receipt covering payment of the prescribed fees is attached. Section 11. Duty to Restore the Excavated Portion of the Roads, Streets, Thoroughfares and Passageways. - Immediately thereafter the completion of work installation, repair or improvement of water pipes, underground telephone or telegraph wires, cable conduit, sewer and drainage system in any roads, streets, thoroughfares, and passageways of the city, it shall be the duty of the applicant to immediately restore the excavated portion of the road to its original condition in accordance with the standard specification formulated by the City Engineer's Office or the Department of Public Works and Highways (DPWH). Section 12. Imposition and Determination of Administrative Fines. - The City Engineer's Office is hereby authorized to carry out and enforce the administrative sanctions not exceeding Five Thousand Pesos (P5, 000.00) in the following cases, subject to the following type of violation and the corresponding schedule of fines as herein provided: Minimum Medium Maximum Nature of Violation Fine Fine Fine a) Light Violations: i) Failure to post or display the excavation permit P 150.00 P 300.00 P 500.00 b) Less Grave Violation: i) Failure to install road/highway safety construction devices P 300.00 P 700.00 P 1,500.00 ii) Failure to remove debris/waste materials on the sidewalk and thoroughfares after the completion of work 300.00 700.00 1,500.00 iii) Failure to remove unsuitable materials within the area of excavation including below sub-grade level 250.00 500.00 1,500.00 iv) Failure to dispose all surplus material to the designated waste disposal area 300.00 700.00 1,500.00 c) Grave Violation: i) Diggings without excavation permit P 500.00 P 1,000.00 P 2,000.00 ii) Non-compliance with the work stoppage order for excavating without excavation permit 500.00 1,000.00 2,000.00 iii) Non-compliance with the work stoppage order for failure to comply with any of the conditions set forth in the permit 500.00 1,000.00 2,000.00 iv) Failure to restore the pavement to its original condition 500.00 1,000.00 2,000.00 v) Failure to remove construction barracks/ quarter after completion of the work 500.00 1,000.00 2,000.00 The above fines shall be imposed as follows: i) Minimum fine - for failure to comply with the terms of the first notice. ii) Medium fine - for failure to comply with the terms of the second notice. iii) Maximum fine - for failure to comply with the terms of the third notice. Section 13. Failure to Restore the Pavement to its previous Condition. - In case of failure to restore the pavement to its previous condition within the specified prescribed period or failure to meet the standard specification as formulated by the City Engineer's Office or the Department of Public Works and Highways (DPWH), the City Engineer's Office may assume the work for the restoration/repavement of the excavated portion of the road, street, thoroughfares or concrete alleys after payment of administrative fine in the amount of Six Thousand (P6,000.00) Pesos. In the computation of the amount for the expenses for work restoration as above-cited in this Section, the present price value of the materials plus labor costs and other incidental expenses, if applicable shall be the determining factor and shall be paid immediately by the applicant. Section 14. Suspension of Works. - Upon ocular inspection, the City Engineer's Office may issue a Temporary Work Stoppage should it be found that the diggings, excavation and/or restoration being undertaken have construction deficiencies or infraction of the construction guidelines or failed to comply with the terms specified under the third notice. The Temporary Work Stoppage may only be lifted when the City Engineer's Office is satisfied that the construction deficiencies have been duly complied with. Section 15. Revocation of Permit. - Permits issued under this Ordinance may be revoked or cancelled in cases of emergency, when public interest so demands, or for non-compliance of any of the conditions in the permit. Section 16. Penalties. - Any person, association, firm or corporation violating any of the provisions of this Ordinance or its implementing guidelines shall, upon conviction, be punished by a fine of not less than Three Hundred Pesos (P300.00) nor more than Five Thousand Pesos (P5,000.00) and imprisonment of thirty (30) days but not more than one (1) year, or both such fine and imprisonment upon the discretion of the court. In the case of a corporation, partnership or association, the president, manager or the person-in-charge of the project shall be liable thereof. Section 17. Task Force to Formulate Implementing Rules and Regulations. - There shall be a task force created by the Office of the City Mayor after the approval of this Ordinance to formulate the necessary Implementing Rules and Regulations. Section 18. Separability Clause. - If, for any reason, any section or provision of this ordinance or any part thereof, or the application of such section, provision or portion is declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration. Section 19. Repealing Clause. - All ordinances, rules and regulations or portions thereof which are contrary to or inconsistent with this Ordinance are hereby repealed, amended or modified accordingly. Section 20. Effectivity. - This Ordinance shall take effect upon its approval by the Sangguniang Panlungsod and after fifteen (15) days after its publication in a newspaper of general circulation. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 98th Regular Session on 23 August 2018 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.