THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)
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CHAPTER 3
PERMITS
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SECTION A-302 PERMITS
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A-302.12 Consequences of Determination of Bad-Faith SLAPP Case.
A-302.12.1 Definitions:
“Bad-faith SLAPP Case.” A lawsuit designed to discourage public comment, criticism or participation in administrative or legal proceedings regarding any construction or development project without a good faith basis for belief in the merits of every one of the claims set forth in such lawsuit.
“Related entity.” A parent or subsidiary of a company, or any other entity in which a significant legal interest is held by a person who holds a significant ownership interest in the primary entity.
A-302.12.2
A person or entity, and any related entity, that initiates or maintains a Bad-faith SLAPP Case, as determined by either (1) the Department, as advised by the Law Department; or (2) a court, shall be ineligible for any permit under this Chapter, whether sought for the project that was at issue in the Bad-faith SLAPP Case or for any other project or development, for a period of up to five years, as determined by the Department, based on the severity of the bad-faith nature of the claim or claims. In addition, any permit relating to the project or development at issue in the Bad-faith SLAPP Case received after the date of filing of the Bad-Faith SLAPP case shall be deemed null and void.
A-302.12.3
The Department shall determine by regulation such mechanisms for determining whether permit applicants are disqualified pursuant to this Section as it deems necessary, which shall include, at a minimum, self-certification on permit applications as to: (1) the absence of any such determinations against the entity or a related entity; and (2) whether any proceeding is pending in which it is claimed that it has filed a Bad-faith SLAPP Case.
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Explanation:
Italics
indicate new matter added.
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Timeline
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.
Marked unanimous; no member-by-member tally published.
A motion was made by Councilmember Squilla that this matter be Introduced and Referred to the Committee on Licenses and Inspections. The motion carried unanimously.
Source: LegislationDetail.aspx · gridLegislation
