Key Definitions Introduced
- Administrative Penalty: Legal mechanism to impose fines for zoning ordinance violations as a form of local revenue and alternative enforcement
- Person: Includes natural persons, firms, corporations, and other entities public or private
- Zoning Ordinance: Refers specifically to Ordinance No. 80, Series of 2010
- Implementing Guidelines: Rules to facilitate enforcement of the zoning ordinance
- Violator: Any entity found violating the ordinance or guidelines
- Notice of Violation: Official notice from the Zoning Administrator regarding breaches
- Real Property Tax: Tax imposed on property
Powers and Duties of Zoning Administrator
- Issues locational clearances for compliant projects
- Recommends approval or denial of variances, exceptions, and special uses to Local Zoning Board of Adjustments and Appeals (LZBAA)
- Monitors ongoing projects and issues notices of violation and show cause orders
- Coordinates enforcement actions, including referral to HLURB and collaboration with Task Force Disiplina and City Legal Office
- Reports violations to LZBAA within five working days
Procedures for Enforcement and Hearings
- LZBAA must issue hearing notice within five days of receiving violation report
- Violator must appear and submit answer; failure results in default decision
- LZBAA issues decision with a 15-day compliance period, extendable upon written request
Acts Subject to Administrative Penalties
- Failure to secure locational clearance prior to development
- Non-conformance to zoning classifications and restrictions (height, area, buffer yards, easements)
- Failure to comply with LZBAA conditions, undertakings, and permits
- Unauthorized deviations and non-compliance with environmental, historical, site performance, and parking standards
- Other analogous violations under zoning, building codes, and applicable laws
Administrative Penalty Structure
- Individuals:
- First Violation: Written warning and compliance undertaking
- Second Violation: Fine of PHP 20,000
- Third and Subsequent Violations: Fine of PHP 30,000
- Corporations, Partnerships, or Business Entities:
- First Violation: Written warning and compliance undertaking
- Second Violation: Fine of PHP 50,000 and temporary closure
- Third Violation: Fine of PHP 100,000 and permanent closure
- Interest of 1% per month compounded applies to unpaid fines
- Penalties are separate from criminal sanctions under applicable laws
Allocation of Penalties and Fees
- 50% goes to LZBAA Trust Fund for its mandate execution
- 50% accrues to the General Fund of the City Government
Complaint and Opposition Mechanism
- Complaints on zoning violations or opposition to locational clearances, variances, exceptions must be filed with LZBAA
Functions and Responsibilities of LZBAA
- Acts on applications for variances, exceptions, special uses, and non-conforming uses
- Handles complaints, oppositions, and appeals on zoning clearances
- Collects filing fees for motions for reconsideration and appeals (scaled fees from PHP 3,000 to PHP 15,000)
- Promulgates procedural rules based on HLURB and other regulations
Rulemaking and Repealing Clauses
- LZBAA tasked to prepare and promulgate implementing rules and regulations
- Repeals conflicting ordinances, rules, and regulations
Separability and Effectivity
- Provisions declared invalid do not affect remaining parts of the ordinance
- Ordinance takes effect 15 days after publication in a newspaper of general circulation