TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
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.