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Minutes

Committee Hearing, April 14, 2005

Philadelphia City Council Committee HearingsApr 14, 2005

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON FINANCE - - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, April 14, 2005 1:22 p.m. - - - - BILL 041079 - An ordinance amending various provisions of The Philadelphia Code... PRESENT: COUNCILWOMAN JANNIE BLACKWELL, Chair COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN RICHARD MARIANO COUNCILMAN FRANK DICICCO - - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X BILL 041079 OTIS HAIGLER, JR., L&I.............. 3 04/14/05 - FINANCE - BILL 041079

Councilwoman Blackwell

Good afternoon. A quorum being present, to my left the PRESIDENT, President Anna Verna, Councilman DiCicco coming in, Councilman Mariano, Councilman Goode. So there is a quorum and we are happy to convene the Finance hearing with regard to Bill No. 041079. We'll ask the Clerk to read the title of the bill.

The Clerk

Bill No. 040079, an ordinance amending various provisions of the Philadelphia Code, including: Section 1-109, entitled "Fines and Penalties"; Section A-504, entitled "Stop Work Order", Section A-505, entitled "Cease Operations Order"; Chapter 6 of the Philadelphia Administrative Code, entitled "Penalties"; Title 6, entitled "Health Code," including Section 6-103, entitled "Penalties and Cease Operations Orders"; and Title 9, entitled "Regulation of Businesses Trades and Professions," including Section 9-601, entitled "Garages, Parking Lots, Sales Lots and Sales Showrooms," Motor Fuels," and Section 9-1004, entitled 4 04/14/05 - FINANCE - BILL 041079 "Contractors", by increasing the maximum penalties for violations of various provisions of The Philadelphia Code; and making related technical changes; all under certain terms and conditions.

Councilwoman Blackwell

Thank you very much. We would like to call on Mr. Otis Haigler, Director of Legislative Affairs for L&I. Welcome, and please make your presentation.

Mr. Haigler

Thank you, Councilwoman Blackwell. Good day, Councilwoman Blackwell and Members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 20 041079, which if enacted will increase the fines imposed for certain violations of the Philadelphia Code for a maximum of either $1,000 or $2,000, depending on the offense classification for the violation. This ordinance has been introduced 5 04/14/05 - FINANCE - BILL 041079 in Council as a result of the actions taken by the General Assembly and Governor Rendell through passage and enactment of Act 193 on November 30, 2004. Act 193 granted authority to the City of Philadelphia to raise the maximum fines imposed in Municipal Court for code violations from the current $300 to $2,000. This increase in code enforcement fines is significant in that it is the first increase to have taken place since 1949. Additionally, in accordance with Act 193, the $1,000 and 2,000 maximum will not go into effect immediately but will be reached in $400 annual increments until the maximum has been achieved. The Department believes that the imposition of fines at this new level will act as a deterrent to continued and reoccurring violations of the Philadelphia Code and enhance its efforts to effectively address concerns related to public safety. The category of violations chosen for inclusion in Bill 041079 is representative of those which have had a significant impact on the safety of 6 04/14/05 - FINANCE - BILL 041079 persons who live in, work in, or visit certain building occupancies or impact on consumer protection matters that have been brought to our attention and have been raised frequently by the public. Also, the list of violations in Bill 8 041079 is only the first step to address some of those concerns, and updates to this list maybe forthcoming in the future through amendments to the penalties sections of topic specific code sections or to the provisions of this ordinance once implementation and enforcement has begun. Thank you for the opportunity to provide the Department's testimony on this important matter. I'll be happy to answer any questions at this time.

Councilwoman Blackwell

Thank you very much. Are there questions from Members of the Committee. (No response.)

Councilwoman Blackwell

Seeing none, this will conclude the public hearing 7 04/14/05 - FINANCE - BILL 041079 section part of the meeting, and we will enter into the formal stated meeting. - - - - 8 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON FINANCE - - - - Thursday, April 14, 2005 - - - - Public meeting conducted by the Committee on FINANCE, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILL 041079. PRESENT: COUNCILWOMAN JANNIE BLACKWELL, Chair COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN RICHARD MARIANO COUNCILMAN FRANK DICICCO 9 04/14/05 - FINANCE - PUBLIC MEETING

Councilwoman Blackwell

I will ask Councilman Goode for a motion with regard to Bill No. 041079. Do you need a suspension of the Rules, Mr. Haigler?

Mr. Haigler

We will request a suspension of the Rules. Thank you.

Councilman Goode

Thank you, Madam Chair. I move that Bill 041079 be reported out of Committee with favorable recommendation, and a further recommendation that Rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)

Councilwoman Blackwell

It is moved and seconded that Bill No. 041079 be reported out of Committee with a favorable recommendation, also a recommendation for suspension of the Rules. All in favor say aye. (Aye.)

Councilwoman Blackwell

Opposed? (No response.) 10 04/14/05 - FINANCE - PUBLIC MEETING

Councilwoman Blackwell

The ayes have it. That will conclude our hearing and it passes. Thank you very much, Mr. Haigler. Thank you Members of the Committee. - - - - 11 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, April 14, 2005, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON FINANCE _________________________ Lisa C. Bradley, RPR