SUBCODE "PM" (THE PHILADELPHIA PROPERTY MAINTENANCE CODE)
SECTION PM-311.0 GRAFFITI [71]
PM-311.1 Required Graffiti Removal: The owner of any private
property in the City shall remove any graffiti from such property within twelve
(12) days of the graffiti’s appearance, if such graffiti are visible from
the public right-of-way.
PM-311.1.1 Property Included: For
purposes of this section, "private property" shall include, but not be limited
to, structures encroaching on any public right-of-way, including, but not
limited to, newsboxes, newsstands, dumpsters, trucks, vending carts, utility
poles, public telephones, tree planters, and other items of street
furniture.
PM-311.2 Penalties and Enforcement: The enforcement
of Section PM-311.0 and penalties for violation thereof are as set forth in
Sections PM-311.2.1 through 311.2.4.
PM-311.2.1 Notice: Upon
discovery of graffiti on any private property in the City, any person authorized
to enforce ordinances is authorized to issue a notice to the owner of such
property, or to a responsible agent of such owner, that the graffiti must be
removed within twelve (12) days. After twelve (12) days have elapsed from the
issuance of such notice, any person authorized to enforce ordinances is
authorized to issue a notice of violation to any person in violation of this
Section, or to a responsible agent of such person, pursuant to the procedures
set forth in Section 10-718 of The Philadelphia Code.
PM-311.2.2
Penalty: The penalty for a violation of any provision of this Section shall
be a fine of not less than one hundred dollars ($100) nor more than three
hundred dollars ($300). In lieu of payment of such fine, a person who receives a
notice of violation of this Section may, within ten (10) days of receipt of such
notice, pay twenty-five dollars ($25), pursuant to the procedures set forth in
Section 10-718 of The Philadelphia Code.
PM-311.2.3 Abatement:
If a property owner fails to remove graffiti within eight (8) days after a
notice of violation has been issued pursuant to subsection PM-311.2.1, the
Department is authorized to proceed to remove the graffiti, itself or by
contract, and the property owner shall be responsible for the costs of removal,
including all related administrative costs. Notice of that fact shall be
provided to the property owner at the same time and in the same manner as the
notice of violation is issued pursuant to subsection PM-311.2.1. A bill for such
costs of removal shall be delivered to the property owner, proprietor or other
responsible agent, and the Department is authorized to file a lien against the
property in the amount of such costs. Liability for costs or removal under this
subsection PM-311.2.3 shall be in addition to liability for any fine imposed
under subsection PM-311.2.2.
PM-311.2.4 Multiple Offenses: A
property owner who fails to remove graffiti from multiple structures or
properties shall be considered to have committed separate offenses, and shall be
subject to separate penalties, for each such structure or property.