City Howl Help Desk: The mess next door

A FEW months ago, we launched City Howl, a Web site that allows citizens to post their raves or rants about city services (see www.thecityhowl.com). Every week, we'll publish highlights of our investigations into some of these problems.

The problem: In a city of densely packed rowhouses, Rachel M. is faced with a difficult dilemma: What can you do when your neighbor doesn't maintain his property?

Rachel, who lives in Manayunk, said that her neighbor has let his back yard become overgrown with weeds and vines. While that would normally be his problem, the weeds provide a home for wild animals like snakes and raccoons, which have infiltrated her property. And one vine became wrapped around her phone wire recently and tore it down.

"It makes you want to vomit," she said, adding that she's been having problems with her neighbor's property maintenance since shortly after she moved in in 2007.

After unsuccessfully confronting the neighbor, she turned to the Department of Licenses and Inspections. City records show that L&I made two inspections, in 2008 and 2009. Her neighbor's property was cited for code violations deemed "dangerous to human life/the public welfare."

But, Rachel complained, there wasn't any follow-through on the city's part, and the property doesn't look that much better today.

"There's just no punishment," she said.

L&I said it screwed up: In response to inquiries from It's Our Money, L&I reinspected the property on March 4.

It again cited the property for code violations relating to back- yard maintenance.

But will anything be done about it this time around? L&I Commissioner Fran Burns said it will.

Burns conceded that the 2008 violations were "never resolved" - that's L&I-speak for the problems' getting fixed. (The 2009 violations were resolved by the time of a second inspection by L&I, according to city records.)

Burns said there was a wider problem with the way L&I ran its code-enforcement unit at the time.

"We weren't reliable in getting back for the second reinspection" in cases throughout the city, she said.

Some properties would receive as many as 15 or 16 inspections without owners' being fined, Burns said.

To correct this problem, she recently instituted policies to streamline the inspection process. Now, complaints like Rachel's must receive a response within five days.

If a violation is issued, property owners get two more inspections to resolve the problem before the city takes the case to Municipal Court, which can impose fines up to $300. All three inspections should be completed within 90 days, Burns said.

The goal, she said, is to have code violations resolved or the legal process started within three to four months of the city's receiving a complaint.

L&I also hired two lawyers six weeks ago to manage code-enforcement cases in Municipal Court. The cases used to be handled by city employees without law degrees.

What you can do if this happens to you: Burns said that from now on, residents with complaints like Rachel's should call 3-1-1 to report a problem.

They should also write down the case number the operator gives them so they can check up on complaints.

Phoebe Coles, of Keep Philadelphia Beautiful, an advocacy group, recommends that residents get their block captain or neighborhood association involved in their cases. They tend to carry more weight with L&I than does a landlord.

She said that residents can also get help through the Streets Department's SWEEP program (www.phila.gov/STREETS/sweep.html), which enforces litter regulations, and the Neighborhood Services Unit of the Police Department, which handles illegal-dumping issues.

What's next: Because the neighbor has been cited before, L&I will give the property owner until a reinspection on April 13 to resolve the violations. If there are still problems, Burns said, the city will take the property owner to court.

When contacted for comment, the property owner said nothing needed to be done.

She said she had addressed previous citations from L&I and didn't know anything about the March inspection.

"I've done everything humanly possible" to satisfy her neighbor, she said, adding that she checks the property several times a year to make sure that her son, who lives there, maintains the yard.

For her part, Rachel said she's happy that L&I appears finally to be taking action, but is disappointed that it has taken so long to get the ball rolling.

And though she's happy that the city has promised to follow through this time, she's afraid the property will start to deteriorate the second L&I lets up.

"Is this a process I'm going to have to go through every year?" she asked.

Stay tuned. We'll be sure to check in with Rachel and L&I next month to see if the code violations are being addressed.

- Anthony Campisi

Anthony Campisi reports for It's Our Money (www.ourmoneyphilly.com).

Have a problem getting services from a city department, or an idea for a more effective way to get things done? Let us know about it at www.thecityhowl.com

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