?Paseo? fence complies building code ? Despalo

by Jimmy Villaflores
City Engineer Luis Vicente Despalo yesterday clarified that the city government has observed the setback provision as provided for in the National Building Code in so far as the construction of the Paseo del Mar fence is concerned.
Despalo made the clarification after Councilor Juan Climaco Elago accused the city government of violating the building code for non-compliance of the easement provision.
Despalo said that a two-meter setback has been observed, which is from the edge of the road up to the fence line of the park.Under the law, Despalo explained the 5-meter setback from the edge of the road is only applied in the construction of building, particularly privately owned edifice, in which the easement space could be utilized as parking area.In the case of Paseo del Mar, what was constructed was only the fence and the law only requires at least a two-meter setback, Despalo said.In a radio interview the other day, Councilor Elago said the construction of the Paseo del Mar has violated the National Building Code due to the non-compliance of a provision that mandates government and non-government projects to observe the so-called setback or easement, said Elago.Because of the violation, the city government is administratively liable for any future cases that may be brought to court, Elago warned.Under the law, any structure built along the streets must observe the proper space for setback.At present, the newly established park at the former CDCP reclaimed area has no parking space for visitor?s vehicles.Temporarily, the city government allows the vacant portion inside Paseo del Mar as parking lot.Some councilors even criticized a provision in the City Ordinance that collects parking fee of P10 for four-wheel vehicle and P5 for motorcycle despite the non existence of a parking area outside the park. ? Jimmy Villaflores

Via Zamboanga Times