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Amending Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Subcode "PM" (The Philadelphia Property Maintenance Code), to add restrictions and remedies regarding encroaching trees, under certain terms and conditions.

AI summary

This enacted ordinance adds rules to Philadelphia’s Property Maintenance Code for trees that encroach on a neighboring property and are dead, weakened, decayed, or otherwise harming or likely to harm that property. The City’s Department of Licenses and Inspections can give the tree owner 60 days to correct the problem and, if it is not corrected, prune or remove the tree and charge the owner for the work; the rule does not apply to qualifying street trees.

File details

Status
ENACTED
Introduced
May 2, 2024
View official record ↗

Full text

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1.

Title 4 of The Philadelphia Code is hereby amended to read as follows:

TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE

SUBCODE "PM" (THE PHILADELPHIA PROPERTY MAINTENANCE CODE)

SECTION PM-302 EXTERIOR PROPERTY AREAS

PM-302.10 Encroaching Trees. No person shall allow any tree on his or her property to overhang or rest on the property of another person if the tree (i) is dead, weakened or decayed such that a significant portion of the tree could reasonably be expected to fall or come to rest on the property of another person or (ii) otherwise encroaches in a manner that harms or is likely to harm the other’s property.

CLIP may serve notice of violation with sixty (60) days to cure the violation. Upon failure of the tree owner to abate the encroachment after service of a notice of violation, CLIP shall be authorized, itself or by contract, to prune or remove the encroaching tree to the extent necessary to cure the violation and the owner of the tree shall be liable for the costs of such work.

This provision shall not apply to any Street Tree consistent with the provisions of Section 15-203 of The Philadelphia Code.

SECTION 2. This Ordinance shall be effective immediately.

End

File history

Sometimes city council's record keeping is not complete. This timeline reflects the information on the council's legistar website.
  1. Council actionMAYOR

    Signed

  2. Council actionCITY COUNCIL

    Read and ordered placed on next week's second reading calendar

    Council actionCITY COUNCIL

    Ordered placed on this day`s first reading calendar

    Council actionCITY COUNCIL

    Suspend the rules of the council

  3. Committee on Licenses and Inspections

    Details not published

    No details have been published for this item. Legistar notes that this meeting's minutes have not been finalized.
  4. Council actionCITY COUNCIL

    Introduced and Referred