City of Philadelphia - File #: 000771-A

• File #: 000771-A
• Version: 2
• Type: Bill
• Status: ENACTED
• File created: 12/7/2000
• In control: Committee on Licenses and Inspections
• Final action: 6/14/2001
• Title: Amending Title 4 of The Philadelphia Code, entitled ("The Philadelphia Building and Construction Occupancy Code") by adding a new Section PM-312.0 entitled "Overhanging or Encroaching Trees," by providing for certain penalties and abatement of trees that overhang or encroach adjoining property, all under certain terms and conditions.
• Sponsors: Councilmember Clarke, Councilmember Mariano, Councilmember Goode, Councilmember Miller, Councilmember Reynolds Brown, Councilmember Blackwell
• Code sections: PM-312.0 - Overhanging or Encroaching Trees, PM-312.0.1 - Definitions, Title 4 - THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE

Date	Ver.	Action By	Action	Result	Tally
8/31/2001	2	MAYOR	SIGNED
6/14/2001	2	CITY COUNCIL	READ
6/14/2001	2	CITY COUNCIL	PASSED	Pass	16:0
6/7/2001	1	CITY COUNCIL	READ
6/7/2001	2	CITY COUNCIL	ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING.
6/7/2001	2	CITY COUNCIL	AMENDED
5/10/2001	1	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
5/10/2001	1	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
5/10/2001	1	CITY COUNCIL	ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR
5/8/2001	0	Committee on Licenses and Inspections	HEARING NOTICES SENT
5/8/2001	0	Committee on Licenses and Inspections	HEARING HELD
5/8/2001	0	Committee on Licenses and Inspections	AMENDED
5/8/2001	1	Committee on Licenses and Inspections	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
12/7/2000	0	CITY COUNCIL	Referred
12/7/2000	0	CITY COUNCIL	Introduced	Pass

Title
Amending Title 4 of The Philadelphia Code, entitled ("The Philadelphia Building and Construction Occupancy Code") by adding a new Section PM-312.0 entitled "Overhanging or Encroaching Trees," by providing for certain penalties and abatement of trees that overhang or encroach adjoining property, all under certain terms and conditions.
Body
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

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CHAPTER 4-200. TEXT OF SUBCODES

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SUBCODE "PM" (THE PHILADELPHIA PROPERTY MAINTENANCE CODE)

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SECTION PM 312.0 Overhanging or Encroaching Trees.

PM-312.1. Definitions.


Enforcement Officer. Any person authorized to enforce ordinances, including, but not limited to Code official as defined in Section PM-202.0.

Overhanging or Encroaching Tree. Any tree, any portion of which either

(i) overhangs or rests upon the property of someone other than the owner of the tree in a manner that harms or is likely to harm the other's property; or

(ii) is dead, weakened or decayed such that a significant portion of the tree could reasonably be expected to fall or come to rest upon the property of someone other than the owner.



PM-312.2. Trees. No person shall allow any tree on his or her property to become an Overhanging or Encroaching Tree.

PM-312.3 Duty to Inspect Trees. Owners of private property in the City shall inspect any trees on the owner's property to discover a defect that could potentially cause harm to adjacent or nearby people or property. Owners shall make the trees on their premises reasonably safe by repair or removal.

PM-312.4. Penalties and Enforcement. The enforcement of Section PM-312.0 and penalties for violation thereof are set forth in Sections PM-312.4.1 through 312.4.4.

PM-312.4.1. Notice. An Enforcement Officer is ...