§ 19-2502. Definitions.

   The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates a different meaning:

   (1)   Abandoned Property. 445 Any property that is not a vacant lot, as defined in this Section; and which has:

      (a)   either:

         (.1)   remained continuously unoccupied during the privilege year and for the prior four calendar years; or

         (.2)   has been licensed as vacant for the entire privilege year in accordance with the provisions of subsection 9-3902(4); and either

      (b)   (.1)   (in the case of property containing one or more buildings used in whole or in part for one or more dwelling units immediately prior to the time such property became vacant) has been under continuous designation as a public nuisance pursuant to Section PM-109  446 or Section PM-108 during the privilege year and for the year immediately preceding the privilege year; or

         (.2)   (in the case of property containing one or more buildings none of which were used in whole or in part for one or more dwelling units immediately prior to the time such property became vacant) has been under continuous citation by an agency of the City for violation of Philadelphia Code provisions relating to the health or safety of citizens during the privilege year and for the year immediately preceding the privilege year; or

         (.3)   (in the case of land not containing any building) has been continuously under citation for violating subsection 9-3902(4) or Section PM-302  447 during the privilege year.

   (2)   Continuously Unoccupied. Any property which is listed during the entire privilege year as vacant in the records of the Board of Revision of Taxes, or is designated by the Department of Licenses and Inspections as vacant during both the privilege year and the year immediately preceding the privilege year, shall be deemed continuously unoccupied during the privilege year.

   (3)   Privilege Year. The twelve (12) month period corresponding to the calendar year.

   (4)   Actively Marketed. Means good faith efforts by the owner of the property to obtain one or more occupants of the property. Such good faith efforts may include (without limitation) one or more of the following:

      (a)   making substantial financial expenditures, in comparison with the value of the property; or

      (b)   listing the property for sale or lease, or both, with one or more real estate brokers, for a price and on terms, or for a rental, that is realistic considering the fair market or fair market rental value of the property; or

      (c)   advertising (using one or more signs on the property and at least one other medium) the availability of the property for sale or rental for a price and on terms, or at a rental, that is realistic considering the fair market value or fair rental value of the property.

   Sporadic attempts to sell or lease the property during the privilege year may be viewed as not constituting a good faith marketing effort.

   (5)   Vacant Lot. 448 Any property which:

      (a)   is unimproved or contains no buildings that are in compliance with all provisions of The Philadelphia Code relating to the health or safety of citizens; and

      (b)   has a lien for demolition of any structures by the Department of Licenses and Inspections.

 

Notes

445	Amended, Bill No. 000028 (approved June 22, 2000), effective January 1, 2001; amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015.
446	Enrolled bill incorrectly referenced "PM-310".
447	Enrolled bill incorrectly referenced "PM-302.0".
448	Added, Bill No. 000028 (approved June 22, 2000), effective January 1, 2001.