CITY OF TITUSVILLE,

CRAWFORD COUNTY, PENNSYLVANIA

Ordinance No. ________ of 2024

AN ORDINANCE, CREATING TITLE ##, ARTICLE ##, OF THE CODIFIED ORDINANCES OF THE CITY OF TITUSVILLE, PENNSYLVANIA, TO BE ENTITLED, “REGISTRATION OF FORECLOSING MORTGAGED PROPERTY”; PROVIDING FOR PURPOSE, INTENT AND APPLICABILITY OF THE ORDINANCE REQUIRING THE REGISTRATION AND MAINTENANCE OF CERTAIN REAL PROPERTY BY MORTGAGEES; PROVIDING FOR PENALTIES AND ENFORCEMENT, AS WELL AS THE REGULATION, LIMITATION AND REDUCTION OF REGISTRABLE REAL PROPERTY WITHIN     THE CITY; PROVIDING FOR SEVERABILITY, REPEALER, CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, the Mayor and City Council (hereafter “Council”) for the City of Titusville desires to protect the public health, safety, and welfare of the citizens of the incorporated area of the City and maintain a high quality of life for the citizens of the City through the maintenance of structures and properties in the City; and

WHEREAS, the Council recognizes properties subject to foreclosure action or foreclosed properties (hereinafter referred to as “Registrable Properties”) located throughout the City lead to a decline in community and property value; create nuisances; lead to a general decrease in neighborhood and community aesthetic; create conditions that invite criminal activity; and foster an unsafe and unhealthy environment; and

WHEREAS, the Council has already adopted property maintenance codes to regulate building standards for the exterior of structures and the condition of the property as a whole; and

WHEREAS, the Council recognizes in the best interest of the public health, safety, and welfare a more regulated method is needed to discourage Registrable Property Owners and Mortgagees from allowing their properties to be abandoned, neglected or left unsupervised; and 

WHEREAS, the Council has a vested interest in protecting neighborhoods against decay caused by Registrable Property and concludes that it is in the best interests of the health, safety, and welfare of its citizens and residents to impose registration requirements of Registrable Property located within the City to discourage Mortgagees from allowing their properties to be abandoned, neglected or left unsupervised.

NOW, THEREFORE, this ________ day of ____________, 2024, BE IT ORDAINED AND ENACTED by the City Council, Titusville, Crawford County, Pennsylvania:

TITLE ##. ARTICLE ##. 

REGISTRATION OF FORECLOSING MORTGAGED PROPERTY

Section 1. Purpose And Intent. 

It is the purpose and intent of the City Council to establish a process to address the deterioration, crime, and decline in value of City neighborhoods caused by property with foreclosing or foreclosed mortgages located within the City, and to identify, regulate, limit and reduce the number of these properties located within the City. Structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contribute to blight, declined property values, and have a negative impact on social perception of the residential areas where they are located.  It is the City Council’s intent to establish a registration program as a mechanism to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are in Foreclosure or Foreclosed, and to provide a mechanism to avert foreclosure actions through timely intervention, education, or counseling of property Owners.

Section 2. Definitions.

The following words, terms, and phrases, when used in this Title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Default shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage or deed of trust. 

Enforcement Officer shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the City to enforce the applicable code(s).

Evidence of Vacancy shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash junk or debris; abandoned vehicles, auto parts and/or  materials; the absence of furnishings and/or personal items consistent with habitation or  occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of City Councils over doors, windows or other openings in violation of applicable code.

Foreclosure or Foreclosure Action shall mean the process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults. A Foreclosure or Foreclosure Action is deemed commenced upon a Mortgagee’s filing of a Notice of Lis Pendens or similar evidence of Default.

Mortgagee shall mean the creditor, including but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor’s rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the Real Property, excluding governmental entities as the assignee or owner.

Owner shall mean every person, entity, or Mortgagee, who alone or severally with others, has legal or equitable title to any Real Property as defined by this Title; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. The Property Manager shall not be considered the Owner.

Property Manager shall mean any party designated by the Mortgagee as responsible for inspecting, maintaining and securing the property as required in this Title.

Real Property shall mean any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the City limits. 

Registrable Property shall mean: 

(a) Any Real Property located in the City, whether Vacant or occupied, that is (i) subject of a Foreclosure Action; (ii) has been the subject of a Foreclosure Action and a judgment has been entered but the property has not yet been sold; (iii) has been the subject of a Foreclosure sale and title was transferred to the Mortgagee or an affiliate entity of the Mortgagee; or (iv) transferred to the Mortgagee or an affiliated entity of the Mortgagee under a deed in lieu of Foreclosure or Foreclosure sale. The designation of a Real Property as a Registrable Property pursuant to this subsection shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm’s length transaction or the Foreclosure Action has been dismissed; or

Registry shall mean a web-based electronic database of searchable Real Property records, used by the City to allow Mortgagees the opportunity to register properties and pay applicable fees as required in this Title.

Semi-Annual Registration shall mean six (6) months from the date of the first action that requires registration, as determined by the City, or its designee, and every subsequent six (6) months. The date of the initial registration may be different than the date of the first action that required registration.

Utilities and Services shall mean any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all City codes. This includes, but is not limited to, electrical, gas, water, sewer, trash service, lawn maintenance, and pool maintenance.

Vacant shall mean any parcel of land in the City that contains any building or structure to be used as a residence or for commercial or industrial purposes that is not lawfully occupied or used for its accustomed and ordinary purpose, as evidenced by conditions set forth in the definition of “Evidence of Vacancy”. In the case of the use of residential property, “used for its accustomed and ordinary purpose” means as a place of abode.

Section 3. Applicability And Jurisdiction.

This Title applies to all Real Property within the City.

Section 4. Establishment Of A Registry.

Pursuant to the provisions of Section ## the City, or its designee, shall establish a registry cataloging each Registrable Property within the City, containing the information required by this Title.

Section 5. Inspection And Registration Of Real Property Under Foreclosure.

(a) Any Mortgagee who holds a mortgage on Real Property located within the City shall perform an inspection of the property upon Default by the mortgagor as evidenced by the filing of a Foreclosure Action, Lis Pendens, or Notice of Trustee’s Sale. Inspection means a careful examination of the property to determine occupancy and if it is in compliance with all applicable building, maintenance, and housing codes

(b) Property inspected pursuant to subsection (a) above that remains in Foreclosure shall be inspected every thirty (30) days by the Mortgagee or Mortgagee’s designee. If an inspection shows a change in the property’s occupancy status the Mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration.

(c) Within ten (10) days of the date any Mortgagee files a Foreclosure Action, the Mortgagee shall register the Real Property with the City Registry, and, at the time of registration, indicate whether the property is Vacant, and if so shall designate in writing a Property Manager to inspect, maintain, and secure the Real Property subject to the mortgage under a Foreclosure Action. A separate registration is required for each property under a Foreclosure Action, regardless of whether it is occupied or vacant.  

a. Mortgagees who have existing registrable property on the effective date of this ordinance have 30 calendar days from the effective date to register the property as indicated in this section. A separate registration is required for each property, whether it is vacant or occupied.

(d) Registration pursuant to this section shall contain the name of the mortgagee and the mortgage servicer, the direct mailing address of both parties, a direct contact name and telephone number for both parties, a facsimile number and/or e-mail address for both parties, the folio or tax number, and the name and 24-hour contact telephone number of the property management company responsible for the security and maintenance of the property.

(e) At the time of initial registration each registrant shall pay a non-refundable Semi-Annual Registration fee of $300.00 for each property. Subsequent non-refundable Semi-Annual renewal registrations of properties and fees in the amount of $300.00 are due within ten (10) days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to Defaulted properties, (3) post-closing counseling and Foreclosure intervention limited to Owner-occupied persons in Default, which may not include cash and mortgage modification assistance, and (4) for any related purposes as may be adopted in the policy set forth in this Title. Said fees shall be deposited to a special account in the City's Department dedicated to the cost of implementation and enforcement of this Ordinance and fulfilling the purpose and intent of this Title. None of the funds provided for in this section shall be utilized for the legal defense of Foreclosure Actions.

(f) If the mortgage and/or servicing on a Registrable Property is sold or transferred, the new Mortgagee / Servicer is subject to all the terms of this Title. Within ten (10) days of the transfer, the new Mortgagee shall register the property, if not already registered, or update the existing registration. The previous Mortgagee(s) / Servicer(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during their involvement with the Registrable Property. 

(g) If the Mortgagee sells or transfers the Registrable Property in a non-arm’s length transaction to a related entity or person, the transferee is subject to all the terms of this Title. Within ten (10) days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the Mortgagee was at the time registration was required, including, but not limited to, unregistered periods during the Foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration.  The previous Mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that Mortgagee’s involvement with the Foreclosed Property. 

(h) If the Foreclosing or Foreclosed Property is not registered, or the registration fee is not paid within thirty (30) days of when the registration or renewal is required pursuant to this section, a late fee equivalent to ten percent (10%) of the Semi-Annual Registration fee shall be charged for every thirty-day period (30), or portion thereof, the property is not registered and shall be due and payable with the registration. 

(i) This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the Mortgagee as well as any properties transferred to the Mortgagee under a deed in lieu of foreclosure or by any other legal means. 

(j) Properties subject to this section shall remain subject to the Semi-Annual Registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains Registrable Property.

(k) Any person or corporation that has registered a property under this section must report any change of information contained in the registration within ten (10) days of the change to the City.

(l) Failure of the Mortgagee to properly register or to modify the registration to reflect a change of circumstances as required by this ordinance is a violation of this Title and shall be subject to enforcement by any of the enforcement means available to the City. 

(m) If any property is in violation of this Title, the City may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.  

Section 6. Maintenance Requirements.

(a) Properties subject to this Title shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material, or any other items that give the appearance that the property is abandoned.

(b) Registrable Property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

(c) Front, side, and rear yards, including landscaping, of Registrable Property shall be maintained in accordance with the applicable code(s) at the time registration is required.

(d) Registrable yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.

(e) Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.

(f) Pools and spas of shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).

(g) Failure of the Mortgagee and transferees to properly maintain the property as required by this Title may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the City.  Pursuant to a finding and determination by the City Police Department, Magistrate or a court of competent jurisdiction, the City may take the necessary action to ensure compliance with this section.

(h) In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the City.

Section 7. Security Requirements.

(a) Properties subject to these Sections shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

(b) A “secure manner” shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure.  Broken windows, doors, gates, and other openings of such size that may allow a child to access the interior of the property or structure must be repaired.  Broken windows shall be secured by re-glazing of the window.

(c) If a property is Registrable, and the property has become vacant or blighted, a Property Manager shall be designated by the Mortgagee to perform the work necessary to bring the property into compliance with the applicable code(s), and the Property Manager must perform regular inspections to verify compliance with the requirements of this Title, and any other applicable laws.

(d) In addition to the above, the property is required to be secured in accordance with the applicable code(s) of the City.

(e) When a property subject to this Title becomes Vacant, it shall be posted with the name and twenty-four (24) hour contact telephone number of the Property Manager. The Property Manager shall be available to be contacted by the City Monday through Friday between 9:00 a.m. and 5:00 p.m., legal holidays excepted.  The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches and shall be of a font that is legible from a distance of forty-five (45) feet. The posting shall contain the following language with supporting information: 

THIS PROPERTY IS MANAGED BY _____________________________________.

AND IS INSPECTED ON A REGULAR BASIS. _____________________________.

THE PROPERTY MANAGER CAN BE CONTACTED _______________________.

BY TELEPHONE AT ___________________________________________________.

OR BY EMAIL AT _____________________________________________________.

(f) The posting required in subsection (e) above shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street or if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials. 

(g) Failure of the Mortgagee to properly inspect and secure a property subject to this Title, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the City. The City may take the necessary action to ensure compliance with this section and recover costs and expenses in support thereof.

Section 8. Provisions Supplemental.

The provisions of this Title are cumulative with and in addition to other available remedies. Nothing contained in this Title shall prohibit the City from collecting on fees, fines, and penalties in any lawful manner; or enforcing its codes by any other means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance.

Section 9. Public Nuisance.

All Registrable Property is at risk of being a public nuisance and if vacant or blighted can constitute a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety of the residents of the City.

Section 10. Additional Authority.

(a) If the code enforcement Officer has reason to believe that a property subject to the provisions of this Title is posing a serious threat to the public health, safety, and welfare, the code enforcement Officer may temporarily secure the property at the expense of the Mortgagee and may bring the violations before the code enforcement officer, City Council or special magistrate as soon as possible to address the conditions of the property. Nothing herein shall limit the City from abating any nuisance or unsafe condition by any other legal means available to it.

(b) The City Police Department, code enforcement officer, City Council or special magistrate shall have the authority to require the Mortgagee affected by this section, to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.

(c) If there is a finding that the condition of the property is posing a serious threat to the public health, safety, and welfare, then the City Police Department, code enforcement officer, City Council or special magistrate may direct the City to abate the violations and charge the Mortgagee with the cost of the abatement.

(d) If the Mortgagee does not reimburse the City for the cost of temporarily securing the property, or of any abatement directed by the City Police Department, code enforcement officer, City Council or special magistrate, within thirty (30) days of the City sending the Mortgagee the invoice then the City may lien the property with such cost, along with an administrative fee as determined in the City’s fee ordinance to recover the administrative personnel services. In addition to filing a lien the City may pursue financial penalties against the Mortgagee.

(e) The City may contract with an entity to implement this Title, and, if so, any reference to the Enforcement Officer herein shall include the entity the City contracts with for that purpose.

Section 11. Opposing, Obstructing Enforcement Officer; Penalty.

Whoever opposes, obstructs or resists any Enforcement Officer or any person authorized by the enforcement office in the discharge of duties as provided in this Title shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction.

Section 12. Immunity Of Enforcement Officer.

Any Enforcement Officer or any person authorized by the City to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon Real Property while in the discharge of duties imposed by this Title.

Section 13. Penalties.

Unless otherwise provided for in this Title, a violation of this Title is declared unlawful.

Section 14. Amendments.

Registration fees and penalties outlined in this Article may be modified by an amendment to this Article, passed and adopted by the City Council.

Section 15. Severability.

It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance.

Section 16. Repealer.

All ordinances or parts of ordinances in conflict herewith, are hereby repealed and replaced.

Section 17. Codification.

It is the intention of the City Council, that the provisions of this Ordinance shall become and be made a part of the City Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word “ordinance” may be changed to “article”, “section”, “Title”, or such other appropriate word or phrase in order to accomplish such intentions.

Section 18. Effective Date.

This ordinance shall become effective twenty (20) days after adoption. 

DULY ORDAINED AND ENACTED this _____ day of ___________ 2024, by the City Council of the City of Titusville, Crawford County, Pennsylvania, in lawful session duly assembled. 

CITY OF TITUSVILLE,

CRAWFORD COUNTY, PENNSYLVANIA

Resolution No. _____ of 2024

A RESOLUTION OF THE CITY OF TITUSVILLE, CRAWFORD COUNTY, PENNSYLVANIA, ESTABLISHING A WEEKEND        OF CELEBRATION WITHIN THE CITY OF TITUSVILLE IN RECOGNITION OF IRISH-AMERICAN HERITAGE; AND AUTHORIZING THE OFFICE OF THE CITY MANAGER TO EXECUTE ALL NECESSARY ACTIONS TO EFFECTUATE SAID CELEBRATION.

WHEREAS, 3.15 Million, or roughly 10%, of Americans claim Irish ancestry as of 2021, according to the United States Census Bureau; and

WHEREAS, For centuries, Irish-Americans have played a crucial role in helping build and serve our great nation; Serving in the armed forces, working as police officers, firefighters, and public servants, championing fair pay and safer working conditions, advocating for civil rights and equal treatment under the law, and fighting against racism, prejudice, and inequality; and

WHEREAS, The City of Titusville is proud to recognize the marvelous achievements and advancements made by Irish-American citizens throughout our City’s history, including Colonel John Joice Carter, who was born in County Mayo, Ireland, received the Congressional Medal of Honor for his valiant service at the battle of Antietam as a Lieutenant in the Union Army during the American Civil War, became a successful local businessman with interests in both oil and steel, and who was buried at Woodlawn Cemetery; 

NOW, THEREFORE, BE IT RESOLVED by the authority of the Council of the City of Titusville, Crawford County, Pennsylvania, assembled at a publicly advertised meeting:

Section 1. Recognition

The weekend of March 15, 16, and 17, 2024, shall hereby be recognized as “Irish-American Heritage Weekend” within the City of Titusville. The City Council therefore encourages all residents to celebrate the achievements and contributions of Irish-Americans during this weekend with appropriate ceremonies, activities, and programs.

Section 2. Parade

The official celebration of the Titusville Irish-American Heritage Weekend shall include a parade, to be held on Friday, March 15, 2024 at 6:00pm. 

Section 3. Authorization 

City Council hereby authorizes the City Manager’s office to organize and execute all necessary actions to effectuate all provisions of this Resolution.

DULY RESOLVED this __7___ day of __February__, 2024, by the authority of the Council of the City of Titusville, Crawford County, Pennsylvania, assembled at a publicly advertised meeting.

CITY OF TITUSVILLE,

CRAWFORD COUNTY, PENNSYLVANIA

Resolution No. __2__ of 2024

A RESOLUTION OF THE CITY OF TITUSVILLE, CRAWFORD COUNTY, PENNSYLVANIA, ADOPTING POLICIES FOR THE PROCUREMENT AND PURCHASE OF FIREFIGHTER TURNOUT GEAR WITH RESPECT TO THE PRESENCE OF PER-FLUOROALKYL AND POLY-FLUOROALKYL CHEMICALS.

WHEREAS, the City of Titusville (hereafter “City”) has a vested interest in the health, safety, and well-being of our City’s first responders;

WHEREAS, per-fluoroalkyl and poly-fluoroalkyl substances (hereafter “PFAs”) are a category of manufactured chemicals linked to widespread cancer and other diseases;

WHEREAS, PFAs are widely used in firefighter protective gear and have been linked to cancer, the leading cause of firefighter death, posing an unnecessary occupational threat to the health, safety, and well-being of firefighters;

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the authority of the Council of the City of Titusville, Crawford County, Pennsylvania, assembled at a publicly advertised meeting:

Section 1. Definitions.

In this Resolution:

(a) The Term “City” means the City of Titusville, Crawford County, Pennsylvania.

(b) The term ‘‘covered personal protective firefighting equipment’’ means

(i) any product that provides protection to the upper and lower torso, arms, legs, head, hands, and feet; or

(ii) any other personal protective firefighting equipment, as determined by the authority of the Council of the City of Titusville.

(c) The term ‘‘per-fluoroalkyl substance’’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(d) The term ‘‘poly-fluoroalkyl substance’’ means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom.

Section 2. Prohibition On Procurement And Purchasing.

Subject to Section 3 and Section 4, No Officer, Authority, Board, Commission, or Department of the City of Titusville may enter into a contract to procure or purchase personal protective firefighting equipment for use by the firefighters of the Titusville Fire Department if such equipment contains an intentionally added per-fluoroalkyl substance or poly-fluoroalkyl substance.

Section 3. Implementation.

The following shall constitute the implementation of the prohibition set forth under Section 2 of this Resolution: 

(a) INCLUSION IN CONTRACTS. The City shall include the prohibition under Section 2 in any contract entered into by any Officer, Authority, Board, Commission, or Department of the City of Titusville to procure covered personal protective firefighting equipment for use by the firefighters of the Titusville Fire Department.

(b) NO OBLIGATION TO TEST. In carrying out the prohibition under section 2, the City shall not have an obligation to test covered personal protective firefighting equipment to confirm the absence of per-fluoroalkyl substances or poly-fluoroalkyl substances.

(c) EXISTING INVENTORY. Nothing in This Section shall impact existing inventories of covered personal protective firefighting equipment currently owned or in use by any Officer, Authority, Board, Commission, or Department of the City. 

Section 4. Availability Of Alternatives.

(a) IN GENERAL. The requirement under Section 2 shall be subject to the availability of sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added per-fluoroalkyl substances or poly-fluoroalkyl substances.

(b) LABELING. If sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added per-fluoroalkyl substances or poly-fluoroalkyl substances is unavailable, the City may, upon approval from Council, procure or purchase covered personal protective firefighting equipment containing intentionally added per-fluoroalkyl substances or poly-fluoroalkyl substances, provided that the City conspicuously labels such equipment with a warning that such equipment contains PFAs.

Section 5. Severability. 

If any provision, sentence, clause, section, or part of this Resolution or the application thereof to any person or circumstances is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect any of the remaining provisions, sentences, clauses, sections or parts of this Resolution. It is hereby declared as the intent of the City Council that this Resolution would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section, or part not been included herein.

Section 6. Repealer.

Any ordinances, rules, or resolutions, or parts of ordinances, rules, or resolutions, in conflict herewith, shall be, and the same are hereby repealed.

Section 7. Effective Date. 

This Resolution shall take effect immediately upon its passage.