Presenter
Presented by Mr. Bodack
Title
Ordinance amending the Pittsburgh Code, by repealing TITLE 6: CONDUCT, ARTICLE VII: NUISANCE PROPERTIES, CHAPTER 670: NUISANCE PROPERTIES-ABATEMENT, and adding both TITLE 6: CONDUCT, ARTICLE VII DISRUPTIVE PROPERTIES, CHAPTER 670: DISRUPTIVE PROPERTY ABATEMENT and TITLE 6: CONDUCT, ARTICLE VII DISRUPTIVE PROPERTIES, CHAPTER 670A: DISRUPTIVE PROPERTY APPEALS BOARD.
Body
WHEREAS, certain activities that are violations of state and local for which citations, summons and/or arrests are repeatedly made at the same properties adversely affect the common health, safety and welfare of the citizens of the City of Pittsburgh; and
WHEREAS, properties that generate repeated calls for public safety service because of activities that are violations of the law place an undue and inappropriate financial burden on the taxpayers of the City, and an undue burden on the City's public safety resources; and
WHEREAS, such repeated citations, summons and/or arrests interfere with the comfortable enjoyment of life and property for the neighbors of the properties at which those citations, summons and/or arrests recur, and lead to the deterioration of neighborhoods as responsible residents move out of neighborhoods where such activities recur; and
WHEREAS, nothing in this Ordinance is intended to deter individuals within the City from requesting public safety services when they are in legitimate need of such.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Pittsburgh Code is hereby amended by repealing TITLE 6: CONDUCT; ARTICLE VII: NUISANCE PROPERTIES; CHAPTER 670: NUISANCE PROPERTIES-ABATEMENT.
Section 2. The Pittsburgh Code is hereby supplemented by addition of the following Chapter.
TITLE 6: CONDUCT; ARTICLE VII DISRUPTIVE PROPERTIES;
CHAPTER 670. DISRUPTIVE PROPERTY ABATEMENT
670.01 PURPOSE
City Council hereby finds that Disruptive Properties place a substantial unacceptable threat and burden on the common health, safety and welfare of the residents of the City of Pittsburgh. To this end, City Council hereby authorizes and directs the Director of Public Safety, or his/her designee ("Director") as provided in the following Sections, to charge the cost of law enforcement resulting from authorities being called to a Disruptive Property to the property owner in order to deter repeated violation of state and local law, and to pursue misdemeanor charges against the owner and/or occupant of a Disruptive Property when Disruptive Activity (as defined herein) remains unabated over an unreasonably long period of time. Nothing in this Chapter is intended to deter individuals within the City from requesting public safety services when they are in legitimate need of such.
670.02 DISRUPTIVE PROPERTY DEFINED
(a) Disruptive Activity shall be any form of conduct, action, omission, incident or behavior perpetrated, caused or permitted on a property by the owner(s), tenant(s), occupant(s) or their invitee(s) of the property, which constitutes a violation of any of the following ordinances of the City of Pittsburgh or statutes of the Commonwealth of Pennsylvania:
(1) any public order offense under Sections 601.03 (Soliciting Business), 601.04 (Noise Control), 601.06 (Intersexual Massage), 601.07 (Unlicensed Alcohol or Liquor Sale), or 601.08 (Alcohol or Liquor Consumption on Streets or Sidewalks) of the Pittsburgh Code; or 18 Pa.C.S.A. §5501 (Riot), 18 Pa.C.S.A. §5502 (Failure to Disperse), 18 Pa.C.S.A §5503 (Disorderly Conduct), 18 Pa.C.S.A. §5505 (Public Drunkenness), 18 Pa.C.S.A. §5506 (Loitering), 18 Pa.C.S.A. §5512 (Lotteries), 18 Pa.C.S.A. §5513 (Gambling Devices, Gambling), or Pa.C.S.A. §5514 (Pool Selling and Bookmaking);
(2) any violation involving a minor under Chapter 604 (Curfew) of the Pittsburgh Code; or 18 Pa.C.S.A. §4304 (Endangering the Welfare of Children), 18 Pa.C.S.A §6110.1 (Possession of Firearm by Minor), 18 Pa.C.S.A §6301 (Corruption of Minors), 18 Pa.C.S.A. §6308 (Purchase, Consumption or Possession of Alcoholic Beverages), 18 Pa.C.S.A. §6310 (Inducement to Buy Alcoholic Beverages), 18 Pa.C.S.A. §6310.1 (Selling or Furnishing Alcoholic Beverages to Minors), 18 Pa.C.S.A §6310.7 (Selling or Furnishing Nonalcoholic Beverages to Minors) or 18 Pa.C.S.A. §6319 (Solicitation of Minors to Traffic Drugs) of the Pennsylvania Crimes Code;
(3) any firearms or other weapons offense under Sections 607.03 (Discharging Firearm or Airgun) or 607.05 (Archery and Slingshots) of the Pittsburgh Code, or the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. §6101 et. seq.;
(4) any violation related to the maintenance of a property free from noxious weeds, excessively high grass and refuse under Chapter 609 of the Pittsburgh Code;
(5) any public decency offenses under Sections 613.02 (Obscene Materials), 613.03 (Dissemination of Explicit Sexual Materials to Minors), 613.04 (Admitting Minors to Shows), or Chapter 615 of the Pittsburgh Code; or 18 Pa.C.S.A §5901 (Open Lewdness), 18 Pa.C.S.A §5902 (Prostitution), 18 Pa.C.S.A. §5903 (Obscene and Other Sexual Materials and Performances), or 18 Pa.C.S.A §5904 (Public Exhibition of insane or Deformed Person);
(6) any offense against property under Chapter 616 of the Pittsburgh Code;
(7) any sanitation violation under Section 619.04 (Accumulation of Municipal Waste) of the Pittsburgh Code; or 18 Pa.C.S.A. §6501 (Scattering Rubbish);
(8) any animal offense under Sections 633.08 (Dogs at Large), 633.09 (Harboring a Nuisance), 633.11 (Nondomestic Canine/Feline and Hybrids), 633.12 (Number of Pets Permitted in City Limits), 633.20 (Dangerous Dogs) and 635.02 (Fowl at Large) of the Pittsburgh Code; or 18 Pa.C.S.A §5511 (Cruelty to Animals); and
(9) any violation of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. 35 P.S. §780-101 et. seq.
(b) When the Director determines that the owner(s), tenant(s) or occupant(s) of a property, or any person present at a property with the permission and knowledge of the owner(s), tenant(s) or occupant(s), has either been arrested or issued a citation or summons for Disruptive Activities occurring on the property on three (3) separate occasions within any sixty (60) day period, the Director may declare the property to be a Disruptive Property and proceed with the notice and enforcement procedures set forth in this Chapter.
(c) For rental properties containing six (6) or more rental units, each individual rental unit shall be considered a "property" for purposes of enforcement of this Chapter. Thus, requiring that three (3) separate citations, summons and/or arrests for Disruptive Activity must be made involving the same rental unit in order to declare the individual rental unit a Disruptive Property. Any occurrence of Disruptive Activity in the common area or curtilage of a rental property shall be charged to the specific rental unit that the actor occupies and not the property in whole.
(d) After a property has been declared a Disruptive Property, if law enforcement authorities are not called upon to respond to any Disruptive Activities for a period of twelve (12) consecutive months, then the property will no longer be classified as a Disruptive Property.
(e) Any citation, summons or arrest for Disruptive Activity perpetrated by a tenant who is already in the process of being evicted, shall not count towards the declaration of a Disruptive Property pursuant to subsection (b) above, provided that the property owner can prove that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the tenant.
670.03 NOTICE
(a) The Director shall provide written notice to the owner of any property at which a citation, summons or arrest has been made for a Disruptive Activity. A separate notice shall be provided to the property owner for each citation, summons or arrest made for a Disruptive Activity occurring on a property.
(b) The notice identified in subsection (a) shall be deemed to be properly delivered if sent either by first-class mail to the property owner's registered address or, if unavailable, to the property owner's last known address or as may be found in public records, or if delivered in person to the property owner or left at the property owner's usual place of abode in the presence of a competent member of the family at least eighteen (18) years of age or a competent adult residing there. If a current address cannot be located, notice shall be deemed sufficient if posted on the potential Disruptive Property, and a copy of the notice is sent via first-class mail to the last known address of the property owner.
(c) The notice required by subsection (a) shall contain the following information:
(1) The street address or legal description sufficient for identification of the property;
(2) A description of the Disruptive Activity and the date on which the citation, summons or arrest was made; and
(3) A statement that the property is declared as a Disruptive Property, or, if the property has not yet been declared a Disruptive Property, a statement of the number of subsequent citations, summons and or arrests for Disruptive Activity which will result in such a declaration; and
(4) If the property has been declared a Disruptive Property, a statement that the occurrence of any subsequent Disruptive Activity at this property within six (6) months following the date of the notice, may result in the property owner being charged with the costs of the administrative and law enforcement actions taken by the City in response to the Disruptive Activity; and
(5) Notice of property owner's rights to appeal pursuant to Section 670.05 of this Chapter and to obtain, upon written request for such, copies of all documentation supporting the Director's determination that Disruptive Activity has occurred at the property; and
(6) A statement that the property owner shall within ten (10) days of the date of the notice respond to the Director in writing stating either:
(i) the intent of the property owner to appeal the finding of the Director, or his/her designee; or
(ii) a proposal detailing a course of action by which Disruptive Activities will be abated at the property.
670.04 ABATEMENT OF DISRUPTIVE PROPERTIES
(a) Within fifteen (15) business days of service of the notice of a Disruptive Property, the property owner may submit in writing a plan to the Director by which the property owner proposes to prevent further Disruptive Activities from occurring at the property. The time period for implementation of any proposed plan shall not exceed sixty (60) days from the date of submission. The Director shall within fifteen (15) business days of receipt of said proposal, either approve or disapprove of the proposal and provide the property owner with written notice of his/her decision. The denial of a plan by the Director may be appealed by the property owner pursuant to Section 670.05.
(b) If the Director determines that any subsequent Disruptive Activity occurred within six (6) months after a property was declared a Disruptive Property, and the property owner failed to file either an appeal of the declaration pursuant to Section 670.05 or an approved plan to abate the Disruptive Property pursuant to subsection (a) above, the property owner may be assessed all costs incurred by the City in providing public safety services to the property in response to the subsequent Disruptive Activity. Within thirty (30) days of the City incurring any costs set forth in this subsection, the Director shall present the property owner with a written demand for payment containing a description/summary of all costs incurred by the City and a notice that the property owner has the right to appeal the demand pursuant to Section 670.05. The written demand shall be delivered to the property owner in accordance with Section 670.03(b). Failure to pay any such costs of providing public safety services to the property shall be cause for the City to file either, or both, an in rem judgment against the property or an in personam (personal) action against the property owner(s) for recovery of the costs incurred by the City.
(c) Costs of providing public safety services shall be determined based on the time required to respond to the Disruptive Activity multiplied by an hourly rate based upon the wages and benefits of the public safety employee, dispatch costs, vehicle and equipment costs, and supervisory and administrative costs. The hourly rate may be adjusted based on the number of public safety employees required to respond to the Disruptive Activity.
(d) The City shall not assess any costs of providing public safety services to a property unless/until a final determination has been made by the Board on any appeal filed by the property owner pursuant to Section 670.05, or the property owner has failed to successfully implement a plan approved by the Director pursuant to subsection (a) above.
670.05 APPEAL
(a) Any property owner who receives a notice of the issuance of a citation, summons or arrest for a Disruptive Activity at his/her property, a notice declaring his/her property a Disruptive Property, or a notice demanding payment for costs of providing public safety services to a Disruptive Property, may, within fifteen (15) business days of the service date of the notice, appeal the notice to the Disruptive Property Appeals Board pursuant to Chapter 670A of the Pittsburgh Code. The Board shall conduct a hearing and render a decision in accordance with City ordinances and regulations governing its conduct and procedure. The property owner may prevail on appeal of any notice if the owner demonstrates that:
(1) He/she was not the owner at the time of any of the Disruptive Activity that was the basis of the notice;
(2) He/she had knowledge of the Disruptive Activity, but promptly and vigorously took all actions necessary to prevent the occurrence of future Disruptive Activity; or
(3) He/she had no knowledge of the Disruptive Activity and could not, with reasonable care and diligence, have known of the activity; and upon receipt of the notice of the declaration of the property as a Disruptive Property, he/she promptly took all actions necessary to prevent the occurrence of future Disruptive Activity.
(b) Upon appeal of a notice declaring his/her property a Disruptive Property, or a notice demanding payment for costs of providing public safety services to a Disruptive Property, if a property owner is able to demonstrate to the Board that an eviction action has been commenced in a court of law and that the property owner is actively prosecuting said eviction action against the offending tenant, then the Board shall order a stay of any/all further enforcement of this Chapter by the City pending a determination by the District Magistrate Judge or Allegheny County Court of Common Pleas Judge on the eviction action. If the property owner is unsuccessful in the eviction action, then the property will no longer be classified as a disruptive property.
(c) Upon appeal of a notice declaring his/her property a Disruptive Property, or a notice demanding payment for costs of providing public safety services to a Disruptive Property, if a property owner is able to demonstrate to the Board that one or more of the citations, summons or arrests for Disruptive Activity, which was the basis of the declaration of Disruptive Property, is subject to a "not guilty" plea by the offending party, then the Board shall order a stay of any/all further enforcement of this Chapter by the City pending a determination by the District Magistrate Judge or Allegheny County Court of Common Pleas Judge on the citation or summons. If the offending party is found to be "not guilty" on one or more of the citations or summons, then the property will no longer be classified as a disruptive property.
670.06 FAILURE TO ABATE DISRUPTIVE ACTIVITY
If, after a property has been declared a Disruptive Property pursuant to the provisions of this Chapter and no appeals pursuant to Section 670.05 remain pending, the City's Department of Public Safety is called upon to respond to Disruptive Activity occurring at the property on three (3) separate occasions within a one (1) year time period following the declaration of Disruptive Property, such property is hereby deemed to be a public nuisance, which may result in the filing of misdemeanor charges against the owner(s) and/or occupant(s) of the Disruptive Property, as may be applicable by the provisions of the Pennsylvania Crimes Code.
670.07 OTHER LEGAL ACTIONS NOT AFFECTED
The declaration of a Disruptive Property or the charging or assessment of costs by the City on a property under this Chapter, do not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of the Pittsburgh Code.
Section 3. The Pittsburgh Code is hereby supplemented by addition of the following Chapter.
TITLE 6: CONDUCT; ARTICLE VII DISRUPTIVE PROPERTIES;
CHAPTER 670A. DISRUPTIVE PROPERTY APPEALS BOARD
670A.01 ESTABLISHED; MEMBERSHIP
(a) There is hereby established a Disruptive Property Appeals Board, which shall consist of five members. Three (3) members shall be appointed by the Mayor and confirmed by Council. The remaining two (2) members shall be appointed by the Mayor from a list of nine (9) candidates submitted by Council, and shall be confirmed by Council. The board shall hold office at the pleasure of the Mayor.
(b) All members of the Board shall be residents of the City of Pittsburgh.
(c) A minimum of one (1) member of the Board shall be a current rental property owner and/or manager within the City of Pittsburgh.
(d) Initial terms shall be drawn by lot for one, two, three, four and five year terms and subsequent terms shall be for 5 years so that no more than one term will expire in a given year. Each member shall be a resident of the city.
(e) The board shall select one (1) of its members to serve as chairperson.
(f) Members of the City's governing body, and current uniformed employees of the City's Department of Public Safety, may not serve as members of the board.
(g) The Director of the Department of Public Safety, or his/her designee, shall serve as an ex officio advisory member of the board but shall have no vote on any matter before the board.
670A.02 POWERS; DUTIES
The Disruptive Properties Appeals Board shall have the following powers and duties:
(1) The board is authorized to establish policies and procedures necessary to carry out its duties and to interpret the provisions of this Chapter and Chapter 670 of this Code.
(2) To hear appeals of orders and actions of the Department of Public Safety pursuant to Chapter 670 of this Code and to affirm, amend or reverse such orders or actions.
(3) To recommend legislation affecting the substance and enforcement of this Chapter and Chapter 670 of this Code.
(4) The board shall conduct a hearing on all appeals within sixty (60) days of the filing date of each appeal, unless for good and sufficient cause the board extends the time for a reasonable period not to exceed an additional sixty (60) days.
(5) For good cause shown, to grant extensions of time in which to comply with the provisions of Chapter 670.
670A.03 HEARINGS
(a) The board of appeals shall conduct all appeal hearings and render all decisions in accordance with the requirements of the Pennsylvania Local Agency Law. 2 Pa.C.S.A §§ 551 et. seq., & 751 et. seq.
(b) All hearings before the board shall be open to the public. The board of appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa. C.S. §§ 701-716 (relating to Sunshine Act).
(c) Three (3) members shall constitute a quorum for a hearing.
(d) The board shall affirm, modify or reverse the decision of the Director of Public Safety by a concurring vote of the majority of its members.
(e) A member shall neither participate in the hearing of, nor vote on, an appeal in which that member has a personal, professional or financial interest.
(f) The Director of Public Safety shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the Director of Public Safety.
Finally, that any Ordinance or Resolution or part thereof conflicting with the provisions of this Ordinance, is hereby repealed so far as the same affects this Ordinance.