Osmeña Blvd resto may face temporary closure for easement violation, lack of building permit

CEBU CITY, Philippines — The Cebu City Office of the Building Official (OBO) said that a fastfood restaurant reported for easement violation on Osmeña Boulevard was found to have no approved building and occupancy permit.

Architect Florante Catalan, the head of OBO, told CDN Digital that they immediately tracked the permits of the establishment after they were directed to so by Mayor Edgardo Labella in response to complaint about the restaurant’s encroachment on the sidewalk.

“Among na trace nga aduna silay application for building permit pero ‘return to owner’ and status kay adunay deficiencies. (We have traced their application for business permit but the status was ‘return to owner’ because of deficiencies),” said Catalan in a phone interview on Wednesday, October 2.

He did not reveal the deficiencies pending investigation of the case by the City Legal Office. But he said the establishment will be given enough days to comply with the city’s easement and business permit requirements, in line with the policy of the Labella administration to be business friendly.

But the establishment may have to temporarily shut down because a building cannot be constructed without a proper building permit nor can it be occupied if it lacks an occupancy permit.

The OBO will conduct an ocular inspection in the area on Thursday, October 3, 2019, to measure the encroachment and provide a recommendation on the establishment on how to go about with complying with the three-meter easement rule for sidewalks on Osmeña Boulevard.

The City Legal Office already gave the establishment five days to explain its easement violation.

“Upon the instruction of the mayor, all road or sidewalk obstruction must be cleared or demolished, including those columns, posts, walls or any structures of buildings encroaching upon those roads or sidewalks. Undoubtedly, it is violative of the National Building Code and the marching order of the President to clear our sidewalks of any obstruction as reflected in DILG memorandum,” Lawyer Rey Gealon, the city legal officer, told CDN Digital on Wednesday.

The management of the establishment already met with OBO and the City Legal Office on Wednesday afternoon, but the establishment has yet to release a statement on the case.

Based on the report of OBO about the meeting, the establishment said they were willing to coordinate with the city on the matter. /elb