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Ordinance No. 11 Series of 2013

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Ordinance No. 11 Series of 2013 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013 AN ORDINANCE ENACTING THE CODE OF ORDINANCES OF THE CITY OF GENERAL SANTOS – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Hon. Shirlyn L. Bañas-Nograles – Author Co-authors and & Principal Sponsors: Hon. Ronnel C. Rivera, Hon. Elizabeth B. Bagonoc, Hon. Vivencio E. Dinopol, Hon. Richard L. Atendido, Hon. Nepthale P. Natividad, Hon. Eduardo D. Leyson IV, Hon. Dante S. Vicente, Hon. Virginia T. Llido, Hon. Dominador S. Lagare III, Hon. Marius Orlando A. Oco, Hon. Margareth Rose N. Santos, Hon. Remus P. De Claro, Hon. Lourdes F. Casabuena, and Hon. Mac Alejandre M. Tablazon – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – TITLE 22 PUBLIC LAND AND PROPERTY Chapter I Establishment of Structure at Sarangani Beach Area1 Section 1. It is unlawful for any person or persons or corporations to construct building or buildings along Sarangani Beach area of General Santos, declared as parks, to be bounded as follows: MAGSAYSAY PARK North – Pedro Acharon Boulevard East - City Engineer’s Office Site South - Sarangani Bay West - Creek near Matutum Hotel MUNICIPAL PARK OF BULA North - P. ACHARON Blvd. continuation and Barrio main street of Bula or Bula Subdivision East - Jorge Royeca Avenue South - Sarangani Bay West - Lagao-Bula road west of Bula Subdivision subdivided by LASEDECO. Section 2. Existing buildings and properties or improvements erected or introduced prior to the enactment of this ordinance be removed, transferred or demolished within 60 days from the date of the effectivity of this ordinance, except, those properties covered with legal papers and further prohibiting additional improvements in any existing buildings, houses or shocks until the existing improvement shall have been removed. Section 3. Any person or persons, association or corporation found violating this ordinance shall be fined of not less than P50.00 or not more than P200.00 and an imprisonment of not less than 6 months or both fine and imprisonment at the discretion of the Court. Chapter II 2 Limits on the Use of Public Land 1Ordinance No. 11, Series of 1956, as amended by Ordinance No. 01, Series of 1958. 2Ordinance No. 07, Series of 1962. www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013 Section 1. The use of public places for peddling, hauling, hawking, storing or the like of any kind of merchandise or wares either by putting stalls and the like or displaying them are hereby prohibited, except during city festivities like Kalilangan Festival, Yaman Gensan, Tuna Festival, and Pasko Sa Gensan, and other similar occasion: Provided, that business permit and other requirements are secured and complied with, and authority from the Sangguniang Panlungsod when there is closure of street involved. For purposes of this Ordinance, public places includes public roads, streets, lots, sidewalks, alleys, waiting sheds, depots and buildings. Section 2. Any person found violating this ordinance shall be punished by a fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, Five Thousand Pesos (P5,000.00) and imprisonment of one (1) year for the third and succeeding offenses. Chapter III Repeal of Resolutions Establishing Relocation Site in Barangay Fatima3 Section 1. Resolution No. 61 and 216, series of 1991, re: allocating 15 hectares of land out of the Annex Relocation Area at Barangay Fatima intended for the Muslim Village, is hereby repealed.4 Section 2. A status quo shall be maintained in the condition prior to June 1992 on Lot 3, pending immediate temporary formulation of a uniform guideline in disposition of all settlement sites in General Santos City.5 Section 3. Resolution No. 110, Series of 1992, re: approving the guidelines for the disposal of homelots at Lot 3, Barangay Fatima, is hereby repealed.6 Section 4. A status quo shall be maintained in the condition prior to June, 1992 on Lot 3, pending immediate temporary formulation of a uniform guideline in disposition of all settlement sites in General Santos City.7 Section 5. Resolution 59, Series of 1990, is hereby repealed.8 Section 6. The City Government shall hereinafter make provisions, as a statement of policy, for the establishment of a Government Employees Village for landless employees of the city and national government employees residents of the city.9 Chapter IV Comprehensive Policy Guidelines for the 3Ordinance No. 01, Series of 1992, Ordinance No. 02, Series of 1992, Ordinance No. 06, Series of 1992, and Ordinance No. 14, Series of 1992. 4Ordinance No. 01, Series of 1992. 5Ordinance No. 01, Series of 1992. 6Ordinance No. 02, Series of 1992. 7Ordinance No. 02, Series of 1992. 8Ordinance No. 06, Series of 1992. 9Ordinance No. 06, Series of 1992. www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013 Implementation of Presidential Proclamation No. 88710 Article I TITLE, POLICY & DEFINITION OF TERMS Section 1. TITLE – This ordinance shall be known as the Policy Guidelines for Proclamation No. 887, otherwise known as “Further Amending Proclamation No. 2029, dated November 11, 1980, as Amended by Proclamation No. 2162, dated February 12, 1982, which Established the Mindanao State University-General Santos Unit Civil Reservation and the Human Settlement Sites for Landless Families Located in General Santos City”. Section 2. DECLARATION OF POLICY – It shall be the policy of the City to undertake, in cooperation with the private sector whenever feasible and possible, a program, a comprehensive and continuing program which shall: A) Uplift the conditions of the underprivileged and homeless citizens in the City of General Santos by making available to them decent home-lots at affordable cost and basic services; B) Provide for the rational and optimum use in the development of the land under Proclamation No. 887 in order to bring about the following: 1. Equitable access to home-lots by the underprivileged and landless citizens of the City paying particular attention to the place and length of residence in the area; 2. Reduction in the urban dysfunction, particularly those that adversely affect public interest, health, safety and ecology. Section 3. DEFINITION OF TERMS – For the purpose of this ordinance: A) Affordable price refers to the most reasonable price of the land based on the needs and financial capacity of the Program Beneficiaries, appropriate financing schemes and development costs. B) Professional squatters refer to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously applied for any land in any public or private land and/or housing program project and/or have been previously awarded home-lots or housing units by any government or private program but have sold, leased, or transferred the same or their right to the same to settle illegally in the same place or another place. Further, it shall also refer to non-bonafide occupants and intruders of lands reserved for socialized housing and/or resettlement. This term, however, will not refer to those persons who simply rent or lease land and/or housing from professional squatters or squatting syndicates. C) Bonafide resident refers to a person who has established residence in the city for at least one (1) year. 10Ordinance No. 07, Series of 1994, as amended by Ordinance No. 36, Series of 2002, Ordinance No. 02, Series of 2004, and Ordinance No. 2, Series of 2010. www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013 D) Underprivileged and/or landless citizens refer to individuals or families residing in the City whose average monthly income or combined household income is not more than Sixteen Thousand pesos (P16,000.00).11 ARTICLE II COVERAGE Section 4. COVERAGE – The program shall cover Lots 1 and 3 as defined and delineated in Proclamation No. 887 that is reserved for the landless citizens of the City. ARTICLE III INVENTORY, LAND USE AND DISPOSITION Section 5. INVENTORY OF OCCUPANTS – The inventory of occupants that was accomplished in 1992 shall be submitted by the Land Technical Committee to be concurred by the Sangguniang Panlungsod and shall be used as a basis for and in complying with the prioritization in Section 9 of this ordinance. Section 6. SUBDIVISION PLAN – A subdivision plan shall be duly accomplished taking into consideration the findings in Section 5 hereof and following strictly the policies enumerated in Section 2 hereof, all of which must conform to the existing national laws on Urban Development and Housing Act (RA 7279), giving special attention and concern for areas reserved for basic services, provided that no homelots shall exceed one hundred eighty (180) square meters; provided, further, that the vested rights of persons over homelots legally awarded to them by the City Government prior to the effectivity of this Ordinance shall not be impaired regardless of its sizes and dimensions. The subdivision plan shall set aside an area in each lot (Lots 1 and 3) to be utilized as playground for the children and churches for the residents therein. The Subdivision plan shall be approved by the Sangguniang Panlungsod.12 Section 7. DISPOSITION OF LAND – The land shall be disposed or allocated within the provisions of this ordinance. Section 8. LIMITS OF DISPOSITION – All lands covered under this Ordinance shall be covered and annotated in the conveyance and/or title with the following conditions: (A) No land including improvements or rights thereon can be sold, alienated, conveyed, encumbered or leased by the beneficiary except in favor of another person who is qualified as beneficiary under this Ordinance as determined by the City Mayor or by duly authorized office/committee as approved by the City Mayor.
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