Title
Amending Title 9 of The Philadelphia Code, entitled “Regulation of Businesses, Trades and Professions”, by adding a new Chapter requiring certain businesses or professions provide disclosures regarding tangled titles; all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 9 of The Philadelphia Code is amended to read as follows:
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CHAPTER 9-5600. TANGLED TITLE DISCLOSURE
§ 9-5601. Definitions. The following definitions shall apply in this Chapter:
(1) Funeral Service Provider. Any entity required by the Pennsylvania Vital Statistics Law, 35 P.S. § 450.501 et seq., to file a death certificate in the provision of funeral services, including, but not limited to, a funeral home, funeral parlor, mortuary, cemetery, or crematorium.
(2) Tangled Title Information Sheet. An informational sheet or packet provided by the Department of Records detailing steps necessary for an heir or heirs, after the death of a title property owner, to legally transfer the property to avoid a tangled title.
(3) Funeral Services. Funereal, burial, crematory or other services for the disposition of the dead in their final resting place.
(4) Survivor of the Deceased. A close relation or companion of the deceased with whom funeral services are arranged.
(5) Death Certificate. A certificate of death or fetal death that must be filed with Pennsylvania Department of Health pursuant to the Vital Statistics Law, 35 P.S. § 450.501 et seq., prior to the interment, cremation or other removal of the dead.
§ 9-5602. Tangled Title Information Sheet.
(1) It is Council’s intent that the Department of Records make available and easily accessible a tangled title information sheet.
(a) It is Council’s intent the Department of Records collaborate with the Philadelphia Register of Wills in the creation of the tangled title information sheet.
(2) It is Council’s intent that the Department of Records make the tangled title information sheet available and easily accessible within six (6) months of the effective date of this Chapter.
§ 9-5603. Funeral Service Provider Disclosure Requirement.
(1) ) No later than five (5) days after final disposition of the deceased, a funeral service provider shall provide an standard death certificate, as issued by the Pennsylvania Department of Health, and the tangled title information sheet made available by the Department of Records to survivors of the deceased.
(a) Requirements for provision of the death certificate may be satisfied by arranging for mail delivery of such document at the last known address of each survivor of the deceased.
(b) Requirements for provision of the tangled title information sheet may be satisfied by providing an electronic version of such document via electronic communication to each survivor of the deceased.
§ 9-5604. Penalties.
(1) Any funeral service provider in violation of Section 9-5603 shall be subject to a civil penalty not to exceed $300 for each offense.
SECTION 2. This Ordinance shall take effect immediately, with the exception of Section 9-5603 of the Code, which shall take effect immediately upon the Commissioner of the Department of Records certifying to the Chief Clerk of City Council that the tangled title information sheet authorized under Section 1 of this Ordinance is publicly available on the Department of Records’ website.
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Explanation:
Italics indicate new matter added.
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