COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON LICENSES AND INSPECTIONS - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, October 23, 2007 1:20 p.m. - - - PRESENT: COUNCILMAN DANIEL SAVAGE, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILMAN JACK KELLY BILLS 050743, 070539, 070820, 070821, 070556, 070697 and 070704 - - - 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 2
Good afternoon. The Committee on Licenses and Inspections is now in session. I would like to note that Bill 6 Nos. 070556 and 070704 are being held. Will the Clerk please read the title of the first bill.
Bill No. 070697, an ordinance amending Section 10-609 of The Philadelphia Code, entitled "Public Urination and Defecation," by increasing the fine for violations of such section, all under certain terms and conditions.
I'd like to recognize that a quorum is present. Members of the Committee joining us today are Councilwoman Krajewski, Councilwoman Blondell Reynolds Brown, Councilman Rizzo and Councilman Clarke. We will now hear testimony on Bill No. 070697. Is there anyone here from the Administration to testify? Good afternoon.
My name is Joe Cronauer and I'm Executive Deputy Health Commissioner. I'm here on behalf of the Administration to support anything that City Council could do to decrease the likelihood of public urination. Human waste has been a factor for disease dissemination, disease spread from human to human for as long as we know, and it is indeed dangerous. That's the reason why we develop sewers. That's the reason why we encourage people to wash their hands as often as possible, which obviously you cannot do outside. So there's a clear link between human excrement and the spread of disease, so we would encourage anything that would be reducing outdoor public urination.
Okay. Are there any questions from the Committee members? 4 10/23/07 - L&I - BILL 050743, ETC. (No response.)
Thank you for your testimony. Bernard Guet. Good afternoon.
I'm Bernard Guet. I'm the Executive Director for Roxborough Development Corporation, and I thank the Council for the issue. I see it as, in our neighborhood, as an impact that there's two level. One is a sharp term and it's pretty obvious. It affects the quality of life. We have a lot of family and children in our neighborhood, and this happen with mostly single adults. And naturally when you are talking about urination, it's connected to drinking, drinking connected to party, party, noise, loud music. If you have a party, 5 10/23/07 - L&I - BILL 050743, ETC. you have to be loud. All these pollutants affects everyone's life in our neighborhood. I have heard so many resident at civic association at public meeting complaining in front of the Police Department or in front of the Managing Director of the City that they cannot sleep at night, that everything is affected by not only the urination, but also by what's linked to it. People come to their yard and urinate in their yard. With children around, it's absolutely incredible. These same people will be driving car at 2 o'clock in the morning and leave the neighborhood. This is one aspect of it, and I would like to address the second aspect, which is the long-term impact, at least in our neighborhood. What happen is that when you are leaving every weekend of some Friday and Thursdays too, you cannot sleep. At certain point, you look at your clock and 6 10/23/07 - L&I - BILL 050743, ETC. you say, Okay, I leave. People are leaving and they sell their house, and they cannot sell it to a family. It does not happen. They sell it to an investor. The investor cannot sell it to a family and they sell it to young adults. And I know that the Zoning Code call for three maximum non-related adult, but it doesn't happen like that. You have more than that. They have an attitude. They have an attitude in their neighborhood. They don't care about the neighborhood and the City. I've seen somebody urinating and say, I don't give a hm-hmm about the neighborhood. This is the kind of thing that we have to go through. These young adult have money in our neighborhood and they will disappear. I'm looking at my second point, which is the long-term effect of that. They're going to leave the neighborhood, and what's going to happen is that it's a degradation of the neighborhood, of the 7 10/23/07 - L&I - BILL 050743, ETC. house and so on. And there is already some houses in Roxborough that are not far from becoming a shell, because that's the next step. So if we as a City, we take care of the major issue like the crime, installing cameras, as been done, I think it's very important to take care of what seems to be a smaller issue and take care of it now so ten years from now we don't have to install cameras in Roxborough. Thank you.
Thank you for your testimony. Are there any questions from members of the Committee? (No response.)
Good afternoon. My name is Hillel Levinson. I'm President of the Manayunk Development Corporation and I'm here representing the 8 10/23/07 - L&I - BILL 050743, ETC. Board of Directors of the Manayunk Development Corporation and I believe also the representatives of the Manayunk Neighborhood Council, which is the community organization involved in Manayunk. Clearly, we are strongly supporting an increase in the fine for public urination, but I think it's important to point out that public urination is really a symptom of a much more serious illness in the City of Philadelphia, and, that is, drunkenness, because those two usually go hand in hand. And we notice in the Manayunk and Roxborough area and throughout that area we're talking about, these young men and women, by the way -- and public urination, most people visualize that as a male problem or a male issue. Let me assure you, you can talk to the police officers in the Fifth District and they will very clearly tell you it is also becoming a female issue in the Manayunk, 9 10/23/07 - L&I - BILL 050743, ETC. Roxborough area. But I would ask that City Council look at the issue of drunkenness in the City of Philadelphia. There really is no enforcement going on today, because everybody says it's somebody else's job. I just learned the other day that if a bar is cited for serving somebody who is visibly drunk and is then cited, which takes a while for that to happen, there's at least a six-month delay before a hearing can be held. I mean, that is unconscionable to allow that kind of an operation to continue because they just can't schedule hearings on a citation on a valid problem. So there's some very serious problems, and I would hope that City Council will look beyond just the issue of increasing the fine for public urination, to look at what really the underlying illness is, and, that is, these 21- to 35-year-olds, a lot of them 10 10/23/07 - L&I - BILL 050743, ETC. living in the Manayunk, Roxborough area, who just want to come out on a Thursday, Friday, Saturday night and get themselves hammered. I mean, I'm not talking about having a couple drinks and enjoying an Eagles game, if we can still enjoy an Eagles game, but I'm talking about just going out dedicated to getting themselves hammered, and that's what then becomes the issue in terms of problems within the community. So I would ask City Council to look at the broader issue beyond just the question, but hopefully at least increase the fine. I understand you're going from $50 to $300. These kids are, by the way, a lot of them are very affluent. Three hundred dollars probably isn't enough, but at least it's a start. And I would hope you will favorably report this out of Committee and that City Council will approve this ordinance. But please look at the underlying illness in our City, because it's a major, major problem. 11 10/23/07 - L&I - BILL 050743, ETC. Thank you.
Thank you. Thank you for your testimony. Are there any questions from members of the Committee? (No response.)
No 9 questions from members of the Committee. Ms. Griffin. (No response.)
Good afternoon. My name is Peter Rose. I am a professor at the University of the Arts and I have lived in Roxborough, Manayunk since 1970. I want to affirm the comments of the two preceding witnesses. That neighborhood is right now the site of an 12 10/23/07 - L&I - BILL 050743, ETC. incredible cultural conflict. You have homeowners who have lived there 30, 40 years, pay taxes, bastions of working-class and middle-class society, and you have each night a procession of people coming up from the bars on Main Street who think it's great sport to urinate in our alleys, in our front yards, in the parking lots, both men and women, as Hillel pointed out. I would go further and actually draw your attention to the witnessed fact that there is also public fornication going on in our front yards. You're probably familiar with the quality-of-life thinking about the Broken Windows Theory that if you allow these kinds of behaviors to proliferate, you eventually end up with serious problems, and I think we're at that cusp right now. I'm here to support this bill. I think that many of these people who are participating in this behavior, they're 13 10/23/07 - L&I - BILL 050743, ETC. not homeless. They don't have mental problems. They're arrogant and indifferent. They think it's great fun to rile up the neighborhood, and I think something needs to be done on a financial level to make them pay for what they're doing. These are affluent kids. They can afford -- it should even be higher than 300 bucks. But this neighborhood is in serious jeopardy right now, and I think there are larger issues, as Hillel pointed out, zoning issues, a number of people living in these households, the kind of culture they bring with them, which obviously you can't address at this point, but this ordinance would do something, I think, to address the problem.
Thank you for your testimony. Are there any questions from members of the Committee? (No response.) 14 10/23/07 - L&I - BILL 050743, ETC.
Is there anybody else here to testify on Bill No. 4 070697? (No response.)
Will the Clerk please read the title of the next bill.
Bill No. 050743, an ordinance amending Title 4, Subcode "PM," the Philadelphia Property Maintenance Code, to add requirements for the owners of one-family or two-family rental properties to have a local agent when the owner resides outside of the City limits, all under certain terms and conditions.
Good afternoon. Good day, Councilman Savage 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 050743, which, if 15 10/23/07 - L&I - BILL 050743, ETC. enacted, will extend the requirements for designating an agent that is authorized to receive City notices to rental property owners of one- to two-family dwellings when such owners are not City residents. The Department of Licenses and Inspections supports passage of this bill, as it will provide an additional tool to seek compliance of violations that are found in this type of occupancy. Currently, the provisions of the Property Maintenance Code, Section PM 102.6.5 only require the designation of an agent for an absentee landlord for dwellings containing three or more rental units, rooming houses or dormitories. The proposed bill will extend this requirement to single-family homes and duplexes. By extending this requirement, it will ensure that the City has a local contact person listed for the rental property who is authorized to receive 16 10/23/07 - L&I - BILL 050743, ETC. notices that are issued by the City to the property owner. We believe this will expedite corrective action being taken regarding violations that have been documented on the property. It also provides the City with a local address where subpoenas can be served demanding that the owner appear in court to respond to code enforcement complaints if that person fails to comply with the violation notices. Owners found to be in violation of this provision will be issued a $75 ticket, as permitted under Section 1-112 of The Philadelphia Code, and will be required to designate an agent for the property and provide this information to the Department. Thank you for the opportunity to provide the Department's testimony. I would be happy to answer any questions.
Thank you. I'd like the record to reflect that Councilman Kenney is now present -- 17 10/23/07 - L&I - BILL 050743, ETC. Kelly, excuse me. Councilman Kelly is now present at the Committee. Mr. Haigler, can you define "agent"?
An agent is someone who is designated by the owner to receive notices on the owner's behalf. They're not the responsible party for the property. The responsible party for the property is still the legal licensed owner of the property or the registered owner of the property. The agent is the one who is designated by the owner to receive notices and to serve in the owner's absence to not necessarily take the corrective action but to receive those notices.
Thank you. Are there any questions from members of the Committee? (No response.)
Is there anyone else here to testify on Bill No. 4 050743?
If I may. I'm sorry. I didn't realize this bill was coming up, but it's an issue in the Manayunk area also. We really have a serious problem, in that there are the -- and one of the people testifying indicated there's a lot of single homes that families have moved out of and now we have two, three, four, five college students or young adults living in that house.
Just for the record, just can you state your name for the record.
And we don't have any way of getting access to the owner because they live in Florida or New York or some other location like that. The only thing I'd like to -- I think the language in the bill says "local." I think we have to be -- I don't know what "local" means, but in my mind, that doesn't necessarily mean in the City of Philadelphia, and I think the language should be amended to specify that the agent designated has to live in or be available in the City of Philadelphia, because otherwise you get into a service problem that may be at issue. So with that additional comment, but I would encourage enactment of this ordinance also. Thank you.
Thank you. Are there any questions from members of the Committee? (No response.)
Thank you. 20 10/23/07 - L&I - BILL 050743, ETC. Is there anybody else here to testify on Bill No. 050743? (No response.)
If there's nobody here to testify on 050743, will the Clerk please read the title of the next bill.
Bill No. 070539, an ordinance amending Section 9-627 of The Philadelphia Code, entitled "Commercial Establishments on Residential Blockfaces," to extend the scope of the ordinance to include certain establishments located on corner lots, to require certain establishments to display a poster indicating that the establishment is subject to the terms of this ordinance and to increase the penalties for violations of the ordinance, all under certain terms and conditions.
Yes. Good day, 21 10/23/07 - L&I - BILL 050743, ETC. Councilman Savage 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 No. 070539, which, if enacted, will amend provisions of The Philadelphia Code related to the closing times for businesses located on a residential blockface. The Department of Licenses and Inspections supports this amendment, as it will provide clarification with regard to when a business would be subject to comply with the provisions of this section of the code related to its closing time. Currently, a business is only subject to the provisions related to the 11:00 p.m. closing time when such business address as assigned by the Board of Revision of Taxes is indicated as part of the block that contains 80 percent residential occupancy. For corner 22 10/23/07 - L&I - BILL 050743, ETC. properties, which most of these are, if the business address as assigned by the BRT is indicated as being part of an adjacent street which is predominately commercial, the provisions of this section technically could not be enforced even though physically the business is located at the end of a block that includes residences. This ambiguity has caused many problems in the past related to enforcement. Because the Department of Licenses and Inspections is not a 24-hour operation, the current provisions related to the 11:00 p.m. closing has in the past been enforced by the Police Department through the issuance of a $75 ticket to the business owner for violations of the provision. Our policy is to issue an "Intent to Cease Letter" to the owner of the business notifying him or her that continued violation of the closing time provision will result in the Department issuing a "Cease Operations Order" for 23 10/23/07 - L&I - BILL 050743, ETC. the business and the posting of a notice indicating same on the business. Since the enactment of the law in 2005 related to the 11:00 p.m. closing, we have followed this policy and have issued between to Cease 8 Operation Orders to the owners of 9 businesses in violation of the closing 10 provisions. 11 However, Council and the public 12 should be made aware that the mere 13 issuance of a Cease Operation Order is no 14 guarantee that the business will remain 15 closed once the order has been issued, since the owner of the business can appeal L&I's order to either the Board of L&I Review, which is an independent appeals board, or to the Court of Common Pleas to seek an injunction against the Department and, if the appeal is successful, prohibits our enforcement of the Cease Operation Order. Notwithstanding what I have mentioned above, we will continue to do 24 10/23/07 - L&I - BILL 050743, ETC. everything in our power to act appropriately with regard to the provisions of this bill should it pass in Council and it is signed into law by the Mayor. Thank you for the opportunity to provide the Department's testimony. I will be happy to answer any questions.
Thank you for your testimony. The Chair recognizes Councilman Rizzo.
Mr. Haigler, could you explain to me, an L&I inspector, some areas they call it Code Enforcement, what authority do they have if there's a construction permit and the inspector wants to enter the property to make a visual inspection of the ongoing work to make sure that it conforms with the work that they've applied for or what you just described, being able to enter an establishment and -- what's the word I'm looking for -- issue a Cease Order, 25 10/23/07 - L&I - BILL 050743, ETC. Stop Work or whatever? Can a person prevent that person from coming in, and what authority do they have if someone would try to prevent them from entering?
Technically all licensed businesses give the Department the authority to enter the business during reasonable time to conduct inspections. That's in the code already. The code already provides for inspectors to be able to conduct inspections during reasonable time periods, and by virtue of having a license or a permit, you're giving the Department permission, so to speak, to enter those premises at those time periods to conduct its reasonable inspection. Now, if the permission is refused, then the Department can take whatever action it needs to take with regard to the license itself. We could suspend or revoke the license or we could suspend or revoke the permit.
Is that the 10/23/07 - L&I - BILL 050743, ETC. same with a building permit?
With a building permit, you're giving us permission to actually do the inspection to determine whether or not the permit is in compliance with -- or the work that's being done is in compliance with the code or the permit that was issued. The inspectors could issue a Stop Work Order on the job until we can visually inspect that permit.
Are there any other questions from members of the Committee? The Chair recognizes Councilman Clarke.
Mr. Haigler, I need to get some clarity. 27 10/23/07 - L&I - BILL 050743, ETC. You reference in your testimony the 2005 bill, which I believe I sponsored.
And in that particular bill, it referenced the residential character of the block that determined the eligibility of enforcement on this bill.
Well, initially it did, but I think with amendments that were made to that bill, it also extended it to look at the BRT address of the business itself. If the BRT address of the business itself was not designated for the residential block but maybe the commercial block, I believe that's where the confusion came in.
-- at the 28 10/23/07 - L&I - BILL 050743, ETC. time? Did you make a recommendation that we amend --
Well, it wasn't in the original bill. Those were amendments that were made subsequent to the introduction of -- the bill was amended twice and I believe a couple times it was amended on the floor of Council. That was not in the original introduction, the bill that was introduced. Those amendments were placed in the bill subsequent to its introduction, subsequent to its Committee hearing.
Okay. Does this amendment at all determine or change the percentage of the designation as a residential block?
It doesn't change the percentage of the designation. What it does is, it clears up the fact that physically if the business is located at the end of a block, regardless of whether its address extends from the block that's 29 10/23/07 - L&I - BILL 050743, ETC. commercial, as long as it's located at the end of a residential block, it's subject to the provisions of this section 5 of the code.
If it's in the middle of the block, is it subject to this provision?
If it's in the middle of the block, yes, and more so. I think where the confusion came in was for the corner properties, where corner properties, even though the business was located at the end of the block physically, it was at the corner and the adjacent street may have been commercial, whereas the corner where the business was located was still on the end of a residential block. And for the public, they weren't going to split hairs like that trying to figure out that because it's on --
Exactly. Okay. Thank you. Thank you, Mr. Chairman. 30 10/23/07 - L&I - BILL 050743, ETC.
You're welcome. The Chair recognizes Councilman Rizzo.
Thank you. Are there any other questions from members of the Committee? (No response.)
I do understand that there are some amendments that are going to be offered today and I'm not prepared to address those amendments. Those amendments will have to be reviewed by the Law Department. So we're not able to comment or able to sign off as an approval to the amendments until they're reviewed by the Law Department first.
Thank you, 31 10/23/07 - L&I - BILL 050743, ETC. Otis. I understand there's a representative from the DA's Office to testify here today. (No response.)
Good afternoon, Chairman Savage, members of the Committee. My name is Steven David Masters. I'm staff attorney to City Council, and I'm here today to testify on Bill No. 070539 at the request of Council President Verna, who is the author of the legislation. Today, Council President Verna wishes to offer an amendment to this legislation. The amendment has been distributed to all the members of the Committee. Let me know if any of you need another one. The amendment basically does two things. It clarifies that the 32 10/23/07 - L&I - BILL 050743, ETC. establishments that will become -- that will have to close at o'clock that are 4 on corners are going to be take-out 5 restaurants. It's not going to apply to 6 all businesses that are corner 7 businesses, but simply take-out 8 restaurants. 9 And the second clarification on 10 the amendment is that in the requirements 11 for a poster to be posted by every business that has to close at 11:00, the amendment clarifies that a reasonable fee can be charged by L&I for this poster that the businesses will then go and receive from L&I. Basically this legislation, as Mr. Haigler testified, seeks to correct a flaw in the existing bill, which is that many of these nuisance establishments that have been plaguing the neighborhoods are corner stores and their official address is on the commercial corridor even though they also border on a residential street, and people live 33 10/23/07 - L&I - BILL 050743, ETC. literally feet away from these establishments. All throughout the City in our Local Nuisance Task Forces we have discovered and encountered problem after problem from corner establishments, primarily or almost exclusively take-out restaurants. So Council President Verna sought to amend the ordinance to address this problem, and these amendments that we presented today further clarify it and we hope make it a stronger bill. I'm happy to answer any questions.
Thank you. So specifically the amendments are to take out "establishments" and make it "take-out restaurant" so it's restricted towards take-out restaurants?
For the new category that we're -- the legislation that Councilman Clarke authored back in 2004 is for all commercial establishments on a residential block. It could be 34 10/23/07 - L&I - BILL 050743, ETC. anything. When we sought to include corner stores in that, we realized that we needed to make that definition more narrow. We didn't want to include establishments that are not a problem, and there are many establishments that are quite an asset to a community and may be open later hours, like a Wawa or a Rite Aid. We certainly don't want to foreclose those kind of opportunities. So we are amending it. We're asking you to amend it for just the corner store portion of the law to just apply to take-out restaurants. The original ordinance will stay all commercial establishments on a residential blockface, but for the new category of corner stores, we're saying just take-out restaurants.
Okay. Thank you. Are there any other questions from members of the Committee? (No response.) 35 10/23/07 - L&I - BILL 050743, ETC.
Thank you for your testimony. Will the Clerk please read the title of the next bill. I'm sorry. I apologize. I understand there's a representative from Senator Williams' office to testify on Bill No. 070539. Hi. Could you please identify yourself for the record.
Thank you. My name is Dawn Chavous and I'm here representing Senator Anthony H. Williams, who could not be here. He's in legislative session in Harrisburg today. And we did submit testimony, a written letter, that he asked that I read to the Committee, which is as follows: "Dear Committee Members, I write to express my support for City Council Bill No. 070539 to amend the Commercial Establishment on Residential Blockfaces section of The Philadelphia Code. I encourage the Committee to stand with Council President 36 10/23/07 - L&I - BILL 050743, ETC. Verna, in a collective effort, to eliminate nuisance establishments as she strives to improve the quality of life and enhance safety throughout the City of Philadelphia. "In response to the growing problems created by nuisance establishments, I authored what eventually became known as Act 39 of 2005. This Act delivered to Philadelphia the necessary tools to regulate 'stop-n-go' establishments. As I fought to get Act 39 through the Pennsylvania General Assembly, Council President Verna readily lent her support to the measure. In doing so, she underscored her commitment towards eliminating nuisance establishments and protecting our neighborhoods from the crime and blight that they encourage. The passage of Act 39 is an example of how partnerships between state and local officials can yield effective results for the betterment of our city. 37 10/23/07 - L&I - BILL 050743, ETC. "Therefore, it is no surprise that Council President Verna is continuing the mission of limiting the effects of nuisance establishments in our neighborhoods. I readily offer my support of this important legislation and encourage both the Committee on License and Inspections and the Council as a whole to support its enactment. While I encourage the growth of business enterprises throughout our City, we must take a stand against those entities that have become a detriment to our blocks, a nuisance to our residents and a hazard to our community. "Thank you in advance for your commitment to a better, brighter and safer Philadelphia. Sincerely, Anthony H. Williams, Pennsylvania Senate." Thank you.
Thank you for your testimony. Are there any questions from 38 10/23/07 - L&I - BILL 050743, ETC. members of the Committee? (No response.)
Is there anybody here to testify on 070539? Good afternoon. Would you please identify yourself for the record.
Laura Siena, West Mt. Airy Neighbors. Mr. Chairman Savage and members of City Council's Committee on Licenses and Inspections, thank you for giving me the opportunity to speak to you today. My name is Laura Siena, as I said, and I represent West Mt. Airy Neighbors, a community-based volunteer organization committed to preserving and enhancing the quality of life in its richly diverse urban neighborhood. An experience we have had with a business in our community illustrates the importance of the legislation you're considering today, the importance to the health of our communities, that is. We have a take-out Chinese 39 10/23/07 - L&I - BILL 050743, ETC. restaurant, the Imperial Chinese, at the corner of Germantown Avenue and West Durham Street. This business is in the very heart of Mt. Airy's commercial district, a part of the neighborhood which has been the focus of extraordinary efforts towards renewal and reinvestment on the part of our CDC, Mt. Airy USA, elected officials, property and business owners and other stakeholders over the last ten and more years. The address of this business is now 1 West Durham, but formerly it was 7134 Germantown Avenue, and in that change lies part of our story. For many years, this business has attracted young men who hang out outside and sometimes purchase the cigarettes, doctored as blunts or not, which are frequently sold at take-out establishments of this type. These young men intimidate passers-by and in one case beat up an employee of the coffee shop across the street. 40 10/23/07 - L&I - BILL 050743, ETC. A case from late 2005, when two men held up at gunpoint a couple walking their dog just a block from Imperial Chinese, illustrates this problem well. Fortunately, these men were convicted. I am quoting from the letter that West Mt. Airy Neighbors sent in May 2006 to Judge Harold Kane in advance of the sentencing hearing. Quote, "The defendants were apprehended within minutes of the crime outside Imperial Chinese Restaurant at the corner of West Durham Street and Germantown Avenue. This fact illustrates one of the ongoing problems we have in our Germantown Avenue commercial corridor: young men hanging outside of Imperial Chinese, intimidating passers-by and making our economic development initiatives more difficult. "While we had known for a long time that these young men might not be pillars of society, it took this incident of armed robbery last October to awaken 41 10/23/07 - L&I - BILL 050743, ETC. the neighborhood to exactly what kind of people had been frequenting that corner. We were shocked and alarmed, and this incident was discussed widely among community groups and the staffs of our elected officials. "This concern, in turn, served as an impetus for local block groups to become much more active in patrolling this area and for local businesses to get up in arms and join with those block groups to focus on public safety. They are now sponsoring commendable activities such as sit-outs in front of Imperial Chinese, block clean-ups, et cetera," close quote. Those sit-outs did take place and there have been many block clean-ups in the intervening months. However, many of the worst activities have taken place when neighbors have long since left their sit-outs and gone to bed. They happen late at night. Clearly, the need was to have 42 10/23/07 - L&I - BILL 050743, ETC. m. We were not covered by current law, so we needed to explore more creative alternatives. With the invaluable assistance of members of the Mt. Airy Local Nuisance Business Task Force and the cooperation of the property owner, we were able to work with the Bureau of -- Board of Revision of Taxes to change the address of this building to 1 West Durham Street, which is a 95 -- 98 percent residential block. m. closing time has gone into effect. However, this was a somewhat unusual approach to solving this serious community problem. m. closure, as they had not previous experience with this kind of address change.
We understand that. With the passage of this bill, this would no 43 10/23/07 - L&I - BILL 050743, ETC. longer be an issue. I know that businesses of this kind bedevil residential areas all over Philadelphia, particularly when they are near commercial corridors. It is essential that the safety and peace of residents be considered a priority. This legislation will be an important factor in this and I hope you will support it. Thank you very much.
Thank you. Thank you for your testimony. Are there any questions from members of the Committee? (No response.)
Thank you. We will now move on to the next bill. Will the Clerk please read the title of the next bill. Strike that from the record. Could you please identify yourself for the record.
Yes. Hi. My name is Susan Rivera. I'm here on behalf of 44 10/23/07 - L&I - BILL 050743, ETC. the Bill 070339 -- I'm sorry; 05. I'm here because I read what it said. I live on Randolph Street, 3700. I've been there for years. And 6 there's a Chinese restaurant, take-out 7 restaurant, on that corner that's been 8 there longer than me, and we have 9 problems with this because last year we 10 were really happy that the Captain of the 11 25th District was able to close them down 12 or try to close them down at 11 o'clock. 13 Then all of a sudden, it stopped. We 14 didn't know why. 15 After speaking with the 16 Captain, he told me that it was because 17 he was -- that Chinese restaurant is 18 right on the corner of Erie Avenue and 19 Randolph Street, and although they would 20 be considered 523 Erie, their address is 21 3700 to 3702 Erie Avenue. Well, for many years, we have tried to get them to close down early and we weren't able. And now we found out that because you're in a commercial area, 45 10/23/07 - L&I - BILL 050743, ETC. they don't have to close at 11:00. So now he's been closing at o'clock in the 4 morning again. And we don't sleep, because we have kids that are coming by with their radios loud in their car blasting, they're fighting, they're hanging in that corner. They're buying blunts. They're buying loosies, which are loose cigarettes. They're doing so much on that corner that Randolph Street doesn't sleep, whether it's 3700 or 3600. Now, 3600 Randolph has a school. Across from that is a locksmith and then a lawyer's office. They're all closed by 5:30, but this restaurant is closing at 4:00 in the morning. When we tell them you have to close earlier, he'll close 2 o'clock and he'll say, Well, we can close at 2 o'clock because we're on Erie Avenue. And my concern is that we don't sleep. We just don't sleep. And we really need to sleep, basically. I've been able to make a 46 10/23/07 - L&I - BILL 050743, ETC. communication with the Chinese restaurant owner, and he says that because -- he talked to the Captain. He can close any time he wants, and we really don't want that. And with this bill, I mean, the Captain of the 25th or the L&I can enforce him closing at o'clock. 9 We were, like I said, last year 10 when they were closing at 11:00, we were 11 happy because we were able to sleep. We found it strange that we didn't hear a fight or the loud music or the graffiti wasn't on the wall as much. Every day I get up and I see graffiti on their wall, and I paint it off. And if I'm not the one painting it off, anti-graffiti is painting it off. The neighbors in that corner, we come out and we sweep, because we got Chinese containers for food and we have all this food spilled in the area. The kids are walking by there. When he takes out his trash, it's all over the place. So, you know, this bill would 47 10/23/07 - L&I - BILL 050743, ETC. really help our neighborhood. And listening to the other lady speak, I guess it's everywhere. My sister lives on Luzerne Street. My niece lives on Luzerne Street also, and there's one on every corner. And they also say because Luzerne is a highway or considered a commercial area, they can stay open, too. So I really hope that you will be in support of this bill for all of them, all these take-out establishments, to close at 11 o'clock at night. It would really help.
Thank you for your testimony. Please identify yourself for the record.
Good afternoon, honorable members of Council. My name is Cicely Peterson-Mangum. I'm Director of the Avenue Project at Mt. Airy USA and Manager of the recently created Mt. Airy Business Improvement District. I am here on behalf of Mt. 48 10/23/07 - L&I - BILL 050743, ETC. Airy USA to offer our support of Bill No. 3 070539, the legislation that will extend the 11:00 p.m. closing ordinance to corner stores. For the same reasons eloquently stated in the previous testimony, particularly that of Steven Masters and Laura Siena of West Mt. Airy Neighbors, I respectfully request that Council approve the passage of this bill that will significantly improve the quality of life for Mt. Airy residents and businesses and the entire City as a whole. Thank you very much.
Thank you for your testimony. Are there any questions from members of the Committee? (No response.)
Thank you. Is there anybody else here to testify? (No response.)
Will the 49 10/23/07 - L&I - BILL 050743, ETC. Clerk please read the title of the next bill.
Bill No. 070820, an ordinance amending Subcode "PM," The Philadelphia Property Maintenance Code, of Title 4 of The Philadelphia Code, entitled "The Philadelphia Building Construction and Occupancy Code," by amending Section PM-304.9, entitled "Piers and Other Waterfront Structures," by adding the condition "Poor" to the list of conditions which require immediate notification to the Department of Licenses and Inspections once such condition is found after an inspection is conducted, under certain terms and conditions.
Good afternoon, Councilman Savage and members of the Committee. My name is Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. 50 10/23/07 - L&I - BILL 050743, ETC. Today I'm here to provide testimony on Bill 070820, which, if enacted, will amend provisions of the Property Maintenance Code to add the condition of "poor" to the list of conditions requiring immediate notification to the Department by a qualified engineer when such condition is found subsequent to a pier inspection. The amendment under consideration today is needed to close a loophole in the current reporting requirements related to the inspection of piers and other types of waterfront structures. Currently, provisions of the code only require engineers hired by the pier owner to immediately report conditions classified as "serious" or "critical" to the Department subsequent to an inspection which allows the Department to take appropriate action in order to ensure public safety. The Law Department has advised that the "poor" condition as defined in the current 51 10/23/07 - L&I - BILL 050743, ETC. provisions of the code should also be included as a condition requiring immediate notification to the Department so that we might take appropriate action or appropriate measures to safeguard the public after such condition is detected during the inspection. To place this into context, a condition of "poor" is classified as a condition where overstressing of the pier's structural element has been observed. Actions that are taken subsequent to this finding provide for the pier or portion thereof to be posted with a maximum number of people allowed on the structure and that the pier's use is further restricted until repairs are completed. For conditions of "serious" or "critical," which already require immediate notification to the Department, our level of response and the requirements for corrective action to be taken by the pier owner increases as 52 10/23/07 - L&I - BILL 050743, ETC. indicated in the code to correspond with these conditions. Thank you for the opportunity to provide the Department's testimony. I'll be happy to answer any questions.
Thank you for your testimony. You talked about the actions that should be taken by the owners if the pier is characterized as being in poor condition. Is there a time frame in which the repairs have to be made?
The owner of the piers are required to submit to the Department every two years a report indicating what inspection has been -- what an inspection has uncovered for that pier during that period, and within that report, they also have to give us their recommendations as to what it will take in order to make that pier safe, to make it safe other than the condition of "poor," upgrading it up to "fair" or "good" or "better." There is no 53 10/23/07 - L&I - BILL 050743, ETC. particular time frame, but they do have to give us a schedule of repairs as to how long it will take to make the necessary repairs.
Okay. Thank you. Are there any questions from members of the Committee? (No response.)
Is there anybody else here to testify on Bill No. 16 070820? (No response.)
Will the Clerk please read the title of the next bill.
Bill No. 070821, an ordinance amending Subcode "A," the Philadelphia Administrative Code, of Title 4 of The Philadelphia Code, entitled "The Philadelphia Building 54 10/23/07 - L&I - BILL 050743, ETC. Construction and Occupancy Code," by amending certain administrative and enforcement provisions and the fee schedule for various construction-related activities, all under certain terms and conditions.
Good day, Councilman Savage 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 070821, which, if enacted, will amend provisions of the administrative code to amend certain administrative and enforcement provisions related to the fees the Department charges for permits for the purpose of aligning the requirements of the code with the information in the Department's computer system. This is a technical amendment 55 10/23/07 - L&I - BILL 050743, ETC. to deal with programming issues that have been raised involving the Department's computer system as it relates to the issuance of construction permits. The intent of the bill is to link the requirements of the code with the information programmed into the computer system to accurately reflect the fees that are being charged by the Department for permits that it issues. The bill 12 does not contain any increases in fees, but only provides for code section 14 reorganization and rewarding changes to assist staff with entering the information into the computer system and removes ambiguity based on terminology and previous interpretations. I'll be happy to answer any questions at this time. And I have with me our Director of Construction Services, Michael Fink, who can also answer any questions related to this particular bill.
Thank you 56 10/23/07 - L&I - BILL 050743, ETC. for your testimony. Are there any questions from members of the Committee? (No response.)
Is there anybody else here to testify on Bill No. 8 070821? (No response.)
Since there's no one else here to testify on Bill No. 070821, this concludes our public hearing on the Committee of Licenses and Inspections. We will now move into our public meeting. The Chair recognizes Councilman Clarke for Bill No. 070697 for a motion.
Thank you, Mr. Chairman. Mr. Chairman, I move that Bill 070697 be reported out of Committee with a favorable recommendation and a request for rules suspension as to allow reading at the next session of Council. (Duly seconded.)
All in 57 10/23/07 - L&I - BILL 050743, ETC. favor? (Aye.)
The ayes have it. Bill No. 070697 will be voted out of Committee with a favorable recommendation. The Chair recognizes Councilman Kelly for Bill No. 050743 for a motion.
Mr. Chairman, I move that Bill No. 050743 be reported out of this Committee with a favorable recommendation and also ask for the suspension of the rules in order that this bill may have first reading at our next session of Council. (Duly seconded.)
The ayes have it. Bill No. 050743 will be voted out of Committee with a favorable recommendation. The Chair once again recognizes 58 10/23/07 - L&I - BILL 050743, ETC. Councilman Kelly for a motion on Bill No. 3 070539.
Mr. Chairman, I move that Bill No. 070539 be reported out of this Committee with a favorable recommendation and also request a suspension of the rules in order that this bill may be heard at the next session of Council. (Duly seconded.)
The ayes have it. Bill No. 070539 will be voted out of Committee with a favorable recommendation. The Chair recognizes Councilman Kelly for a motion on Bill No. 070 -- I'd like to strike the reporting out on Bill 22 No. 070539. The Chair recognizes Councilman Kelly for a motion on Bill No. 070539 with an amendment. 59 10/23/07 - L&I - BILL 050743, ETC.
I move that the amendment for Bill No. 070539 be reported out of this Committee. (Duly seconded.)
The ayes have it. Bill No. 070539 as amended will be voted out of Committee with a favorable recommendation.
Mr. Chairman, I move that Bill No. 070539 as amended be reported out of this Committee with a favorable recommendation and also request a suspension of the rules in order that this bill may be heard at the next session of Council. (Duly seconded.)
The ayes have it. Bill No. 070539 as amended will 60 10/23/07 - L&I - BILL 050743, ETC. be voted out of Committee with a favorable recommendation. The Chair recognizes Councilman Kenney for a motion on Bill No. 070820. I mean Councilman Kelly. I apologize. That's the second time I did that today. I think I want you to become democrat.
Mr. Chairman, I move that Bill No. 070820 be reported out of this Committee with a favorable recommendation and also request suspension of the rules in order that this bill may be heard at the next session of Council. (Duly seconded.)
The ayes have it. Bill No. 070820 will be voted out of Committee with a favorable recommendation. Once again, the Chair recognizes Councilman Kelly for a motion 61 10/23/07 - L&I - BILL 050743, ETC. on Bill No. 070821.
Mr. Chairman, I move that Bill No. 070821 be reported out of this Committee with a favorable recommendation and also request suspension of the rules in order that this bill may be heard at the next session of Council. (Duly seconded.)
The ayes have it. Bill No. 070821 will be voted out of Committee with a favorable recommendation. This concludes our public meeting and ends our Committee on Licenses and Inspections. (Committee on Licenses and Inspections adjourned at 2:15 p.m.) - - - 62 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on October 23, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)