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Emergency Nuisance Abatement Area: Any ward or part of a ward of the City determined by City Council to contain such a great number of abandoned properties constituting unsafe structures or unfit dwellings as defined in Section PM-307.0 or unsafe lots as defined in Section PM-309.4, that traditional abatement methods have been unsuccessful and that resulting neighborhood blight and deterioration are so widespread and unchecked that an emergency exists.
Abandoned Property: A dwelling or vacant lot which has been determined by the Department of Licenses and Inspections to have been unoccupied for one year or more, and against which there are outstanding municipal liens, or the owner of which is delinquent in the payment of Real Estate Taxes, Water and Sewer Rents, or other municipal claims. For purposes of this definition, a lot shall be considered vacant and unoccupied if no structure is built thereon and no lawful, productive activity has been conducted on the lot with the owner's authorization within the past twelve (12) months.
Gift Property Program: The program operated by the Vacant Property Review Committee under Chapter 16-400 of The Philadelphia Code.
PM-309.2 Emergency Nuisance Abatement Areas Enumerated: The following areas have been determined by City Council to constitute the Emergency Nuisance Abatement Areas to which Section PM-309.0 applies.
1. Third Ward.
2. Sixth Ward.
3. Eleventh Ward.
4. Twelfth Ward.
5. Thirteenth Ward.
6. Fourteenth Ward.
7. Sixteenth Ward.
8. Eighteenth Ward.
9. Nineteenth Ward.
10. Twentieth Ward.
11. Twenty-second Ward.
12. Twenty-fourth Ward.
13. Twenty-seventh Ward.
14. Twenty-eighth Ward.
15. Twenty-ninth Ward.
16. Thirty-second Ward.
17. Thirty-sixth Ward. 304
18. Thirty-seventh Ward.
19. Forty-third Ward.
20. Forty fourth Ward.
21. Forty-sixth Ward.
22. Forty-seventh Ward.
23. Forty-ninth Ward.
24. Fifty-first Ward.
25. Fifty-ninth Ward.
26. Sixtieth Ward.
27. First Ward. 305
28. Second Ward. 306
29. Thirty-ninth A Ward. 307
30. Thirty-ninth B Ward. 308
31. Fifth Ward. 309
32. Twenty-fifth Ward. 310
33. Thirty-first Ward. 311
34. Forty-fifth Ward. 312
PM-309.2.1 Additional Emergency Nuisance Abatement Areas: 313 In addition to the foregoing wards, with respect to vacant lots only, the following areas shall also constitute Emergency Nuisance Abatement Areas:
1. Ninth Ward.
2. Seventeenth Ward.
3. Reserved. 314
4. Reserved. 315
5. The Seventeenth, Eighteenth, Twentieth and Twenty-fourth Divisions of the Thirty-third Ward.
6. Reserved. 316
7. Seventh Ward.
8. Third, Eighth, Ninth and Thirteenth through Seventeenth Divisions of the Eighteenth Ward.
9. Twenty-third Ward.
10. First through Seventeenth, Nineteenth, and Twenty-first through Twenty-third Divisions of the Thirty-third Ward.
11. Fourteenth through Seventeenth, Twenty-second through Twenty-fourth and the Twenty-sixth Divisions of the Thirty-fifth Ward.
12. Second through Fourth, Sixth and the Seventh Divisions of the Forty-second Ward.
13. Thirtieth Ward.
14. Fortieth A Ward.
15. Fortieth B Ward.
16. Forty-eighth Ward.
17. Fourth Ward.
18. Twenty-first Ward.
19. Thirty-fourth Ward.
20. Thirty-eighth Ward.
21. Fifty-second Ward.
22. Forty-first Ward.
23. Fifty-fourth Ward.
24. Fifty-fifth Ward.
25. Sixty-second Ward.
26. Sixty-fourth Ward.
27. Reserved. 317
28. Fourth through Ninth, Twentieth, Twenty-third and Twenty-sixth Divisions of Fifty-seventh Ward.
29. First through Ninth, and Eleventh through Twenty-third Divisions of the Sixty-fifth Ward.
PM-309.3 Abatement agreement: The Department of Licenses and Inspections, after consultation with the Vacant Property Review Committee, is authorized to enter into Abatement Agreements with bona fide residents of the City in accordance with Sections PM-309.3.1 through PM-309.3.7.
PM-309.3.1 Correct conditions: The Agreement shall be a contract to correct the conditions resulting in an unsafe or unfit designation, any costs of which shall be charged, as the work is completed, to the owner of the abandoned property and collected by lien, in accordance with PM-309.3.3.
PM-309.3.2 Occupancy: 318 The contracting individual and members of his or her household shall enter and occupy an abandoned property dwelling meeting the requirements of Section PM-309.4, or, in the case of a vacant lot, the contracting individual or entity and his or her agents shall take such steps as may be necessary, all for the purpose of abating the unsafe or unfit conditions resulting from the vacancy of and the condition of the premises in accordance with the terms of an abatement plan entered into by the City and the contracting individual pursuant to Section PM-309.5. The terms of the abatement plan shall be incorporated into the Abatement Agreement.
PM-309.3.3 Consideration: Consideration for the services of the contracting individual in abating the unsafe or unfit conditions shall be solely limited to the City's promise to bring the property to Sheriff's Sale at the earliest practicable date; to bid at the Sheriff's Sale at the amount of all outstanding municipal liens and claims, including any liens resulting from the costs attributable to completed portions of the abatement plan; and to either:
1. Authorize the Commissioner of Public Property to make the property available for disposition through the Gift Property Program, for the purposes of which disposition the contracting individual shall be considered the first applicant; or
2. Compensate the contracting individual in the amount of any liens satisfied at Sheriff's Sale which are attributable to the Abatement Agreement if the City is an unsuccessful bidder, or if the owner of the abandoned property exercises his or her right to redeem it within statutory time limits.
PM-309.3.6 Indemnity: The contracting individual shall agree to indemnify and hold the City harmless from any damages, costs or other liabilities for any injuries to his or her person or property or to the person or property of any member of his or her household, or of their licensees or invitees, arising from any defective condition or work performed on the premises, or arising from any other causes whatsoever related to the occupancy or performance under the Abatement Agreement.
PM-309.4 Criteria: 319 In order for a property to be included in the Emergent Nuisance Abatement Program the following criteria shall be met:
1. The Property shall be located in an Emergency Nuisance Abatement Area;
2. The Department of Licenses and Inspections has determined pursuant to Section PM-307, that the property constituted an unsafe structure or unfit dwelling; or, in the case of a vacant lot, the Department has determined that a vacant lot is unsafe. For purposes of this Chapter, a lot is unsafe if it presents a hazard to the community because of existing violations of this Title 4.
3. The owner of the property has failed to comply, after proper notice, with any abatement order issued by the Department of Licenses and Inspections pursuant to Sections PM-306.0 and PM-307.0; or, with respect to a vacant lot, the Department has issued a notice to the owner of the lot stating that the Department has determined the lot to be unsafe, order the owner to abate the unsafe condition, and notifying the owner that the property is subject to the provisions of this Section, and the owner has failed to comply with such order.
4. The property is an abandoned property; and
5. The property shall be determined by the Gift Property Program, or its successor, to be structurally sound (in the case of a dwelling) and susceptible to rehabilitation.
PM-309.5 Abatement plan: Before entering into any Abatement Agreement with an applicant, the Gift Property Program, or its successor, shall agree with the applicant of an abatement plan to include: the nature and extent of repairs necessary to abate each condition on the subject premises causing the unsafe or unfit designation; the reasonable monetary value of the labor of the applicant and his or her agents and of the materials and services which will be required to cure each such condition; and a reasonable timetable for completing the abatement plan.
Notes
| 303 | Amended, Bill No. 980794 (approved December 30, 1998). |
| 304 | Amended, Bill No. 010369 (approved October 4, 2001). |
| 305 | Added, Bill No. 990605 (approved November 8, 1999). |
| 306 | Added, Bill No. 990605 (approved November 8, 1999). |
| 307 | Added, Bill No. 990605 (approved November 8, 1999). |
| 308 | Added, Bill No. 990605 (approved November 8, 1999). |
| 309 | Added, Bill No. 990495 (approved November 8, 1999). Enrolled bill numbered this as subsection 27; renumbered by Code editor. |
| 310 | Added, Bill No. 020119 (approved May 1, 2002). |
| 311 | Added, Bill No. 020119 (approved May 1, 2002). |
| 312 | Added, Bill No. 020119 (approved May 1, 2002). |
| 313 | Added, Bill No. 010369 (approved October 4, 2001). |
| 314 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 315 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 316 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 317 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 318 | Amended, Bill No. 980794 (approved December 30, 1998). |
| 319 | Amended, Bill No. 980794 (approved December 30, 1998). |