PM-308.1 Conditions: When, in the opinion of the code
official, there is imminent danger of failure or collapse of a structure or any
part thereof which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure, the code
official is hereby authorized and empowered to order and require the occupants
to vacate the same forthwith in accordance with the cease operations provisions
set forth in the administrative code. The code official shall cause to be posted
at each entrance to such structure a notice stating the imminent danger and
prohibiting occupancy. It shall be unlawful for any person to enter such
structure except for the purpose of making the required repairs or demolishing
the structure.
PM-308.2 Notice: If an imminently dangerous condition is
found, the code official shall serve on the owner, agent or person in control of
the structure a written notice describing the imminent danger and specifying the
required repair to render the structure safe, or requiring the imminently
dangerous 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-308.2.1 Immediate hazard: Where the code official
determines that a condition exists which creates a hazard to life or property
requiring immediate action, an immediate oral order shall have the full effect
of the subsequent written order.
PM-308.3 Posting notice: Regardless of
whether the person addressed with a notice of imminent danger receives service
by one or more of the methods specified in the administrative code, a copy of
the notice shall be posted in a conspicuous place on the premises; and such
procedure shall be deemed the equivalent of personal notice.
PM-308.4
Disregard of notice:
[53] Where the order to
eliminate an imminent danger is rejected or not obeyed, or when, in the opinion
of the code official, immediate action is required to protect the public safety,
the code official shall cause the necessary work to be done to demolish the
structure or to render the structure temporarily safe. Nothing in this code
shall be deemed to limit in any way the right, under any existing law or
ordinance, of any department of the City to correct or remove any condition
deemed to be an immediate hazard to the health or safety of the public. 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 device 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 vegetative 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 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-308.5 Closing streets: When necessary for the public safety,
the code official shall order the temporary closing of structures, sidewalks,
streets, public ways and places adjacent to dangerous structures, and prohibit
the same from being used.
PM-308.6 Costs of emergency repairs: Where the
Department incurs costs of emergency repairs whether by itself or by contract,
such costs shall be charged to the owner. The Department shall, with the
approval of the Law Department, collect such costs from the owner by lien or
otherwise.
PM-308.7 Removal of imminently dangerous classification: When
the owner chooses to bring an imminently dangerous structure into compliance by
other than demolition, the code official is authorized to require that an
analysis and plan of compliance prepared by a structural engineer registered in
the Commonwealth of Pennsylvania be submitted for review and
approval.