Demand Public Safety at 70th and Elmwood 

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The “Elmwood Park Plaza” located at 6930 Elmwood Avenue and owned by Elmwood Plaza Associates (100 Tunbridge Circle, Haverford, PA 19041) has hosted a dangerous level of automobile repair for many years. A group of individuals constantly perform automotive repair work in the Elmwood Park Plaza parking lot which has led to the accumulation of motor oil and other flammable materials in the Elmwood Park Plaza parking lot. Large piles of empty motor oil containers can often be found in the parking lot along with other waste materials related to automotive repair. The open storage of these materials creates a significant fire hazard while also creating a dangerous environment where individuals may slip and fall. Creating additional safety concerns, the Elmwood Park Plaza hosts the Shine Bright Academy daycare center and is directly adjacent to the Southwest Senior Center, operated by the Philadelphia Corporation for Aging at 6916 Elmwood Avenue. Seniors visiting the Southwest Senior Center routinely use the Elmwood Park Plaza parking lot and are exposed to its regularly dangerous conditions. 

Additionally, on January 4, 2024, the Department of Licenses and Inspections (L & I) issued a zoning permit for a “community center” within the Elmwood Park Plaza, applied for by Elmwood Plaza Associates. Foot and automobile traffic to the daycare center, senior center and the community center will continue to place individuals in need of essential services in harm’s way. 

Supporting the dangerous conditions present at the site, in November 2019, the Court of Common Pleas of Philadelphia issued a judgment including $432,000 in damages to an individual who was injured when he slipped on oil outside of the Autozone Auto Parts within the Elmwood Park Plaza. Autozone Auto Parts was held liable for the individual’s physical harm (Wilson v. Autozone Stores, LLC., 245 A.3d 1041 (Pa. Super. Ct. 2020)).

It is unfortunate and dangerous that the Department of Licenses and Inspections and the 12th District of the Philadelphia Police Department (PPD) are both unable to remedy this easily solvable problem. Other than the proximity to Autozone Auto Parts, there is absolutely no reason why the automotive repair currently being done in the Elmwood Park Plaza parking lot could not be done somewhere else. The signers of this letter are not requesting punitive action against those doing autowork in the Elmwood Park Plaza parking lot, we are simply requesting that the parking lot be a safe place for those patronizing and working in nearby businesses and institutions. It should require minimal effort on the part of the City of Philadelphia to ensure that this parking lot is used to park cars.

The Department of Licenses and Inspections (L & I) is well within its legal responsibilities to correct this issue and the City of Philadelphia’s Home Rule Charter gives L & I clear discretion to enlist the assistance of the Philadelphia Police Department. Under the Philadelphia Home Rule Charter, Article V, Chapter 10.2 “Functions”, L & I has the authority to inspect the business located at 6930 Elmwood Avenue, the Elmwood Park Plaza.(https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-265133) 

During that inspection the L & I inspector/code official will discover that the Elmwood Park Plaza’s required off-street parking spaces are being used to store inoperable vehicles, store flammable materials like motor oil, and host the sale of goods, specifically automotive repair. These activities are strictly prohibited by Philadelphia Code Title 14, Chapter 800.4: “Use of Required Parking Areas for Parking Only.” (https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-293729)

Furthermore, the code official is specifically entitled to “act on any question relative to…the location, occupancy and maintenance of structures” according to the Philadelphia Code, Title 4, Chapter 4-200, Subcode A, Chapter 2, Section A-202. In this situation, the Elmwood Park Plaza parking lot is a structure and the current autowork being done in the parking lot is illegally occupying it. (https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-268100)

Finally, while it is clear that the code official has the right and duty to inspect this parking lot owned and operated by Elmwood Plaza Associates and issue Elmwood Plaza Associates a violation for the use of its parking areas for something other than parking, the code official is further empowered to make “an immediate oral order to repair or otherwise immediately remove the hazard…where the code official determines that a condition exists which creates a hazard to life or property requiring immediate action,” according to Philadelphia Code Title 4, Chapter 4-200, Subcode A, Chapter 5, Section A-502.1. (https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-268557)

In conclusion, the signers of this petition do not wish to punish those doing autowork in the Elmwood Park Plaza parking lot at 6930 Elmwood Avenue. We simply wish for the area to function appropriately and safely as a parking lot so that patrons and workers associated with the legitimate businesses within the Elmwood Park Plaza can safely move through the area. We believe that Philadelphia Code and the Philadelphia Home Rule Charter unquestionably gives L & I the right to do this, while additionally giving L & I the ability to request assistance from the Philadelphia Police Department.

Thank you for your time and attention to this dangerous, but easily remedied situation.