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File #: 110756    Version: Name:
Type: Bill Status: ENACTED
File created: 10/27/2011 In control: Committee on Rules
On agenda: Final action:
Title: Amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by adding a new Chapter, entitled "Agents and Sheriff's Sales," specifying conditions under which any person may assist or act on behalf of another person in connection with the recovery of surplus funds due the owner upon completion of a Sheriff's sale of such owner's property; all under certain terms and conditions.
Sponsors: Councilmember Kenney, Councilmember Greenlee
Indexes: SHERIFF'S DEPARTMENT
Code sections: Title 9 - REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
Attachments: 1. CertifiedCopy11075601.pdf
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
12/14/20111 MAYOR SIGNED   Action details Meeting details Not available
12/1/20111 CITY COUNCIL READ AND PASSEDPass17:0 Action details Meeting details Not available
11/17/20111 CITY COUNCIL ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR   Action details Meeting details Not available
11/17/20111 CITY COUNCIL SUSPEND THE RULES OF THE COUNCILPass  Action details Meeting details Not available
11/17/20111 CITY COUNCIL ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR   Action details Meeting details Not available
11/15/20110 Committee on Rules HEARING NOTICES SENT   Action details Meeting details Not available
11/15/20110 Committee on Rules HEARING HELD   Action details Meeting details Not available
11/15/20110 Committee on Rules AMENDED   Action details Meeting details Not available
11/15/20111 Committee on Rules REPORTED FAVORABLY, RULE SUSPENSION REQUESTED   Action details Meeting details Not available
10/27/20110 CITY COUNCIL Introduced and ReferredPass  Action details Meeting details Not available
Title
Amending Title 9 of The Philadelphia Code, entitled “Regulation of Businesses, Trades and Professions,” by adding a new Chapter, entitled “Agents and Sheriff's Sales,” specifying conditions under which any person may assist or act on behalf of another person in connection with the recovery of surplus funds due the owner upon completion of a Sheriff's sale of such owner's property; all under certain terms and conditions.  
 
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
 
SECTION 1. Title 9 of The Philadelphia Code, entitled “Regulation of Businesses, Trades and Professions,” is hereby amended to read as follows:
 
TITLE 9.  REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
 
*      *      *
 
CHAPTER 9-3600.  AGENTS AND SHERIFF'S SALES
 
§ 9-3601.  Definitions.
 
      (1)      Agent. Any person employed or compensated to assist the owner of property subject to Sheriff's sale in recovering surplus funds. The term does not include City or other public officials or employees providing assistance in the course of or incident to their official duties.
 
      (2)      Surplus funds. The amount of funds to which the owner of property subject to Sheriff's sale is entitled upon completion of a Sheriff's sale of that property, and which are in the custody and control of the Sheriff.
§ 9-3602.  Agreements.
 
      (1)      Any agreement entered into by an agent and the owner of property subject to Sheriff's sale, under which the agent is engaged to assist the owner in recovering surplus funds, is prohibited unless all of the following requirements are met:
 
            (a)      The agreement is in writing and duly signed and acknowledged by the owner;
 
            (b)      A copy of the agreement is filed with the Sheriff and the Law Department before any surplus funds are paid to the owner; and
 
            (c)      The agreement clearly states the fee or compensation to be paid, which shall not exceed 15 percent of the value of the surplus funds.  
 
§ 9-3603.  Enforcement; Private Right of Action.
 
      (1)       Violation of this Chapter shall be a Class III offense, subject to the fines set forth in Section 1-109.
 
      (2)      Any person aggrieved by an agent's violation of subsection 9-3602(1)(c) shall have a right of action against such agent, and may recover for each such violation:
 
            (a)      Actual damages;
 
            (b)      Exemplary damages of $2,000;
 
            (c)      Reasonable attorney's fees and court costs;
 
            (d)      Such other relief, including injunctive relief, as the court may deem appropriate.
 
      (3)      Nothing in this Section shall limit the right of an aggrieved person to recover damages under any other applicable law or legal theory, nor shall it limit the right of the City to seek fines or other remedies for violations of this Chapter, except that any fine imposed by the City for a violation of this Chapter shall be reduced by the amount of exemplary damages, if any, finally awarded pursuant to subsection 9-3603(2) for the same violation.
 
§ 9-3604. Notice.
 
      (1)      The Law Department is authorized to prepare and provide to the Sheriff a plain English explanation of the provisions of this Chapter, suitable for distribution to all agents and owners of property subject to Sheriff's sale and for posting on the Sheriff's website.
 
 
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Explanation:
 
Italics indicate new matter added.
 
End