SECTION PM-307.0 UNSAFE AND UNFIT STRUCTURES AND EQUIPMENT


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.