PM-309.1
Definitions:[54] In this
Section, the following definitions shall apply.
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.
[55] 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.
[56] 28. Second
Ward.
[57] 29. Thirty-ninth
A
Ward.
[58] 30. Thirty-ninth
B Ward.
[59] 31. Fifth
Ward.
[60] 32. Twenty-fifth
Ward.
[61]
33. Thirty-first
Ward.
[62] 34. Forty-fifth
Ward.
[63] PM-309.2.1
Additional Emergency Nuisance Abatement
Areas:[64] 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.
[65] 4. Reserved.
[66] 5. The
Seventeenth, Eighteenth, Twentieth and Twenty-fourth Divisions of the
Thirty-third
Ward.
6. Reserved.
[67] 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.
[68] 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:[69] 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-309.3.4 Breach: Any wilful, material breach of an
abatement plan and/or Abatement Agreement by a contracting individual shall
render the Abatement Agreement void without further action on the part of the
City.
PM-309.3.5 Procedure: Nothing in this Section shall be
construed to relieve the Department of Licenses and Inspections from any bidding
procedures required by law.
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-309.3.7 Limited authority: The Abatement
Agreement shall confer no power on the contracting individual, his or her heirs
or assigns, to obligate the City to any third parties in any manner
whatsoever.
PM-309.4
Criteria:[70] 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.