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Amending Subcodes "A" and "PM" of Title 4 of The Philadelphia Code ("The Philadelphia Administrative Code" and "The Philadelphia Property Maintenance Code"), by establishing a separate offense for certain chronic, non-compliant violators of the Property Maintenance Code; all under certain terms and conditions.

View file history View official file on Legistar →

File details

Status
Enacted
Type
Bill
Introduced
April 28, 2016
Sponsors
CHCouncilmember Henon

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 4 of The Philadelphia Code is amended to read as follows:

TITLE 4. THE PHILADELPHIA BUILDING

CONSTRUCTION AND OCCUPANCY CODE

* * *

SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)

* * *

CHAPTER 5

VIOLATIONS

* * *

SECTION A-506 CODE VIOLATION NOTICES (CVN)

A-506.1 General. The code official is authorized to issue notices of violation for any violation of any provision of this code or the technical codes, pursuant to the procedures set forth in Section 1-112 of The Philadelphia Code.

A-506.2 Remittance amount. The amount required to be remitted in response to a notice of violation is the amount indicated in Section 1-112 of The Philadelphia Code unless otherwise specified.

Exceptions: The amount required to be remitted shall be as follows for violation of the following provisions:

* * *

10. Section PM-904 (Chronic Non-Compliant Owner). . . . . One hundred fifty dollars ($150.00)

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CHAPTER 6

PENALTIES

SECTION A-601 PENALTIES

* * *

A-601.2 Fines for Class II offenses: Notwithstanding subsection A-601.1, any person who violates any of the following provisions shall have committed a Class II offense and be subject to the fines set forth in subsection 1-109(2) of The Philadelphia Code:

* * *

12. [Reserved;]

[13.] PM-902 (Foreclosed Vacant Residential Properties);

13. PM-904 (Chronic Non-Compliant Owner);

* * *

SUBCODE "PM" (THE PHILADELPHIA PROPERTY MAINTENANCE CODE)

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CHAPTER 9

ADDITIONAL SPECIAL REQUIREMENTS

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SECTION PM-904 CHRONIC NON-COMPLIANT OWNER

PM-904.1 Chronic Non-Compliant Owners. Any person who violates one or more provision of the PM Code designated in this Section PM-904.1 with respect to a residential property on separate days, at a frequency set forth in Section PM-904.2, shall, in addition to the underlying PM Code violations, be considered a Chronic Non-Compliant Owner, subject to a separate penalty for such offense as set forth in Section A-601. Each Chronic Non-Compliant Owner violation, after the first, shall constitute a separate offense.

1. PM Code Chapter 3 (General Requirements), but not including Section PM-305 (Interior Structure);

2. Section PM-507 (Storm Drainage);

3. PM Code Chapter 8 (Special Controls in Designated Areas); and

4. PM Code Chapter 9 (Additional Special Requirements).

* * *

PM-904.2 Frequency of Violations. Violations at the following frequencies shall render a person a Chronic Non-Compliant Owner, as set forth in Section PM-904.1.

1. Six occasions of violation within a two-year period; or

2. Three occasions of violation within a two-year period, provided that, with respect to each such violation, the violation is not remedied within 30 days of provision of, nor an appeal pending regarding, the initial notice of violation.

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___________________________________

Explanation:

[Brackets] indicate matter deleted.

Italics indicate new matter added.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    READ AND PASSED

    Member-by-member vote published for this action.

    Pass17 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be READ AND PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Al TaubenbergerYes
    Allan DombYes
    Blondell Reynolds BrownYes
    Bobby HenonYes
    Brian J. O'NeillYes
    Cherelle ParkerYes
    Cindy BassYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    David OhYes
    Derek S. GreenYes
    Helen GymYes
    Jannie L. BlackwellYes
    Kenyatta JohnsonYes
    Maria D. Quiñones-SánchezYes
    Mark SquillaYes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

  3. Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    2 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Quiñones Sánchez that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. 4 procedural actionsCommittee on Licenses and Inspections
    ProceduralCommittee on Licenses and Inspections

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  6. UnanimousCITY COUNCIL

    Introduced and Referred

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember Henon that this matter be Introduced and Referred to the Committee on Licenses and Inspections. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation