PM-307.1 Unsafe
Structures:
[51] All structures that are or
hereafter shall become unsafe, unsanitary or deficient because of inadequate
means of egress facilities, or which constitute a fire hazard, or are otherwise
dangerous to human life or the public welfare, or which involve illegal or
improper occupancy or inadequate maintenance, shall be deemed unsafe. All unsafe
structures shall be taken down and removed or made safe and secure as the code
official deems necessary and as provided for in this section. A vacant building
that is not secured against entry shall be deemed unsafe. Likewise, a pier or
other waterfront structure shall be deemed "unsafe" pursuant to this section
where the owner has not complied with the most recent deadline for performing an
inspection and submitting a structural assessment report to the Department
pursuant to section PM-304.9.
PM-307.2 Unsafe equipment: Equipment which
constitutes a fire hazard or is otherwise dangerous to human life or the public
welfare, shall be deemed unsafe by the code official and shall not be operated
after the date stated in the notice unless the required repairs or changes have
been made and the equipment has been approved, or unless an extension of time
has been secured from the code official in writing.
PM-307.2.1 Authority
to seal equipment: In the case of an emergency, the code official shall have the
authority to seal out of service immediately any unsafe device or equipment
regulated by The Philadelphia Code.
PM-307.2.2 Unlawful to remove seal:
Any device or equipment sealed out of service by the code official shall be
plainly marked with a sign or tag indicating the reason for such sealing. The
sign or tag shall not be tampered with, defaced or removed except by the code
official.
PM-307.3 Unfit dwellings: A dwelling shall be designated by the
code official as "Unfit for Human Habitation" where the dwelling is unsanitary,
vermin-infested, lacking in the facilities or equipment required by this code or
is otherwise in such a state of disrepair as to be a hazard to the health or
safety of the occupants.
PM-307.3.1 Continued occupancy: Where a
dwelling is designated as unfit for human habitation but does not present an
immediate hazard to safety, evacuation will not be required; however, the owner
shall be denied the right to collect rent for the duration of such unfit
designation.
PM-307.3.2 New tenancy: Where a dwelling is designated as
unfit for human habitation, the owner shall be prohibited from admitting any new
tenants to any tenant space within such dwelling for the duration of such unfit
designation.
PM-307.4 Notice: If an unsafe or unfit condition is found,
the code official shall serve on the owner, agent or person in control of the
structure a written notice describing the condition deemed unsafe or unfit and
specifying the required repair or improvements to be made to render the
structure safe and secure, or requiring the unsafe structure or portion thereof
to be demolished within a stipulated time. Such notice shall require the person
thus notified to declare immediately to the code official acceptance or
rejection of the terms of an order to demolish.
PM-307.5 Posting unsafe
or unfit notice: If the person addressed with an unsafe notice does not receive
service by one or more of the methods specified in the administrative code, a
copy of the unsafe notice shall be posted in a conspicuous place on the
premises; and such procedure shall be deemed the equivalent of personal
notice.
PM-307.6 Disregard of
notice:
[52] Where the order to eliminate an
unsafe condition is not obeyed, the Department, in addition to invoking any
other sanction or procedure, is authorized to eliminate the unsafe condition or
contract with other persons for repair or demolition and, with the approval of
the Law Department, collect the costs, including departmental monitoring costs,
from the owner by lien or otherwise. When the Department proceeds to demolish
any structure whether by contract or by its own employees, the contract or the
Department may provide for the installation of a fence or other protective
devices and the application of environmentally-safe treatments to control
vegetative overgrowth by the demolition contractor or by Department employees in
order to secure the perimeter of the vacant lot, protect the health, safety and
welfare of the community, prevent overgrowth and deter the illegal dumping of
trash and debris. In addition, the Department shall work cooperatively with
other city and city-related agencies on any plans for the acquisition,
disposition and re-use of vacant lots including, but not limited to: community
development, housing, neighborhood gardening, landscaping, play areas, side
yards, or any other legal uses. The Commissioner shall have the discretion to
determine whether a fence or other protective device is necessary based on a
planned re-use of the vacant lot by an abutting or nearby property owner,
community development corporation, community-based or block organization; other
unique circumstances; or upon the written request of a City department, agency
or official.
PM-307.7 Restoration: A structure determined to be unsafe or
unfit by the code official is permitted to be restored to a safe and habitable
condition. Any repairs, alterations, additions or change of occupancy which
occurs during restoration of the structure shall comply with the requirements of
the applicable codes.