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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). |
PM-310.2 Duration: Temporary construction as provided in Section PM-310.1 shall be in place for only such time as is necessary for the activity to be completed with due diligence and shall be removed within 30 days after completion of the activity served by the temporary construction.
PM-311.1 Required Graffiti Removal: 321 The owner of any private property in the City shall remove any graffiti from such property if such graffiti are visible from the public right-of-way.
PM-311.1.1 Property Included: For purposes of this Section, "private property" shall include, but not be limited to, structures encroaching on any public right-of-way, including, but not limited to, newsboxes, newsstands, dumpsters, trucks, vending carts, utility poles, public telephones, tree planters, and other items of street furniture.
PM-311.2 Penalties and Enforcement: The enforcement of Section PM-311.0 and penalties for violation thereof are as set forth in Sections PM-311.2.1 through 311.2.4.
PM-311.2.1 Notice: 322 Upon discovery of graffiti on any private property in the City, any person authorized to enforce ordinances is authorized to issue a notice of violation to the owner of such property, or to a responsible agent of such owner, that the graffiti must be removed within ten (10) days after the date of issuance of such notice.
PM-311.2.2 Penalty: The penalty for a violation of any provision of this Section shall be a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300). In lieu of payment of such fine, a person who receives a notice of violation of this Section may, within ten (10) days of receipt of such notice, pay twenty-five dollars ($25), pursuant to the procedures set forth in Section 10-718 of The Philadelphia Code.
PM-311.2.3 Abatement: 323 If a property owner fails to remove graffiti within ten (10) days after a notice of violation has been issued pursuant to subsection PM-311.2.1, the Department is authorized to proceed to remove the graffiti, itself or by contract, and the property owner shall be responsible for the costs of removal, including all related administrative costs. Notice of that fact shall be provided to the property owner at the same time and in the same manner as the notice of violation is issued pursuant to subsection PM-311.2.1. A bill for such costs of removal shall be delivered to the property owner, proprietor or other responsible agent, and the Department is authorized to file a lien against the property in the amount of such costs. Liability for costs or removal under this subsection PM-311.2.3 shall be in addition to liability for any fine imposed under subsection PM-311.2.2.
Notes
| 320 | Added and former Section PM-705.0 repealed, Bill No. 970358 (approved July 1, 1997). |
| 321 | Amended, Bill No. 040398 (approved June 21, 2004); amended, Bill No. 130808 (approved January 8, 2014). |
| 322 | Amended, Bill No. 040398 (approved June 21, 2004); amended, Bill No. 130808 (approved January 8, 2014). |
| 323 | Amended, Bill No. 040398 (approved June 21, 2004); amended, Bill No. 130808 (approved January 8, 2014). |
Enforcement Officer: Any person authorized to enforce ordinances, including, but not limited to Code official as defined in Section PM-202.0.
Overhanging or Encroaching Tree: Any tree, any portion of which either
(i) overhangs or rests upon the property of someone other than the owner of the tree in a manner that harms or is likely to harm the other's property; or
(ii) is dead, weakened or decayed such that a significant portion of the tree could reasonably be expected to fall or come to rest upon the property of someone other than the owner.
PM-312.4 Penalties and Enforcement: The enforcement of Section PM-312.0 and penalties for violation thereof are set forth in Sections PM-312.4.1 through 312.4.4.
PM-312.4.1 Notice: An Enforcement Officer is authorized to issue a notice to the owner of property on which any Overhanging or Encroaching Tree is located of a violation of this Section and requiring that the owner remedy the violation. Such notice shall advise the owner that fines may be sought and abatement action taken if the violation has not been remedied within thirty (30) days of the date of the warning, except in cases where the tree presents an immediate danger to the health or safety of the public, in which case such notice shall require that the owner remedy the violation immediately and state that, if not remedied immediately, the Department may take immediate action to do so. Such notice shall advise the owner that he or she will be held responsible for the City's costs of remedying the violation or removal of the tree, if necessary.
PM-312.4.3 Code Violation Notice: 325 If a violation of this Section has not been remedied within thirty (30) days of issuance of the notice described in Section 312.4.1, or immediately after such notice in cases of immediate danger to the health or safety of the public, an Enforcement Officer is authorized to issue a Code Violation Notice to the property owner pursuant to the procedures set forth in Section 1-112 of the Code. The amount required to be remitted in response to a Code Violation Notice issued pursuant to Section 1-112 of the Code to enforce this Section is the amount indicated in Section 1-112. Payment in response to a Code Violation Notice shall not excuse the owner's responsibility to remedy the violation.
PM-312.4.4 Abatement: If a Property Owner fails to remove an Overhanging or Encroaching Tree within thirty (30) days after a notice of violation has been issued, pursuant to Section 312.4.1, the Department is authorized to proceed to prune or remove the Overhanging or Encroaching Tree to the extent necessary to cure the violation, except in cases where the tree presents an immediate danger to the health or safety of the public, in which case the Department may take immediate action to remedy the violation if the owner does not do so. The Property Owner shall be responsible for the costs of pruning or removal, including all related administrative costs. A bill for such costs of removal shall be delivered to the Property Owner, and the Department is authorized to file a lien against the property in the amount of such costs. Liability for the cost of remediation under this Section shall be in addition to liability for any fine imposed under this Section. The owner of a tree in violation of this Section shall be responsible and liable for any damage or injury to any person or property caused by the City or its agent in connection with abatement work pursuant to this Section.
PM-312.4.5 Vacant Lots: Within ninety (90) days after a notice of violation has been issued, the Department shall abate any nuisance found on Vacant Lots as this term is defined in Section 19-205(5) 326 of The Philadelphia Code.
PM-312.5 Applicability: This Section shall not apply to any Street Tree consistent with the provisions of Section 15-203 of The Philadelphia Code.
Notes
| 324 | Added, Bill No. 000771-A (approved August 31, 2001). |
| 325 | Amended, Bill No. 040998 (approved January 25, 2005). |
| 326 | Enrolled Bill No. 000771-A reads 19-205(5). There is no such Section of the Philadelphia Code. A definition of "Vacant Lot" is provided in Section 19-2502(5) of the Code. |
PM-313.1 General: All owners and operators of private parking lots shall comply with the requirements of subsections PM-313.2 through PM-313.4; the Zoning Code; and the Philadelphia Building Code.
1. a wall which is not less than 2 feet in height;
2. metal or masonry posts 4 to 6 inches in diameter placed not more than 5 feet apart nor less than 30 inches in height and connected by metal pipes, rods, fencing or chains; or
3. concrete curbing, at least six inches high by four inches wide, permanently located so that any parked vehicle does not encroach on a footway, adjacent property, or into an area where parking is not permitted.
1. on private parking lots which are used to store or park commercial vehicles; and
2. on private parking lots with a parking area of 2,500 square feet or more.
1. use or permit the use of any part of any street or sidewalk for the parking or storing of motor vehicles in connection with the operation of a motor vehicle repair or sales businesses.
2. cause or permit the shoveling, plowing or otherwise moving of snow from the private parking lot onto any street or sidewalk.
Notes
| 327 | Added, Bill No. 040869 (approved January 25, 2005). |