Bill 110756
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.
Introduced by
From the floor
Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.
“Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, this bill 12/1/11 - STATED - 2ND READING passes. The Chief Clerk will please read the title of Bill No. 110756.”
Council President Verna · Stated Meeting, December 1, 2011 · Dec 1, 2011 · official transcript, this passage
“The Committee on Rules, to which was referred Bill No. 110662, entitled "An ordinance amending Title 14 of The Philadelphia Code, entitled 'Zoning and Planning,' by amending Chapter 14-1631, entitled 'Lower and Central Germantown Special District Controls,' to further define the Prohibited Uses"; and Bill No. 110672, entitled "An ordinance repealing an ordinance (Bill No. 110185), entitled 'An ordinance amending the…”
Chief Clerk · Stated Meeting, November 17, 2011 · Nov 17, 2011 · official transcript, this passage
Status timeline
- Oct 27, 2011Introduced and Referred · CITY COUNCIL
- Nov 15, 2011HEARING NOTICES SENT · Committee on Rules
- Nov 15, 2011HEARING HELD · Committee on Rules
- Nov 15, 2011AMENDED · Committee on Rules
- Nov 15, 2011REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Rules
- Nov 17, 2011ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
- Nov 17, 2011SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
- Nov 17, 2011ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
- Dec 1, 2011READ AND PASSED · CITY COUNCIL
- Dec 14, 2011SIGNED · MAYOR
Official documents
Documents open on the City of Philadelphia’s legislative site.
Full text
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..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. ___________________________________ Explanation: Italics indicate new matter added. ..End