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
installations, systems and
equipment.[51.1] Equipment,
appliances, mechanical systems, plumbing systems, fuel gas installations or
electrical systems that are unsafe, constitute a fire or health hazard, or are
otherwise dangerous to human life or the public welfare, shall be deemed unsafe
by the code official and shall constitute a violation of this code. Use of
equipment, appliances, systems, or installations regulated by the Philadelphia
Building Construction and Occupancy Code constituting a hazard to health, safety
or welfare by reason of inadequate maintenance, dilapidation, fire hazard,
disaster, damage or abandonment is hereby declared an unsafe use and shall
constitute a violation of this code. Such unsafe equipment, appliance, system or
installation is hereby declared to be a public nuisance and shall be abated by
repair, rehabilitation, demolition or removal.
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:[51.2] 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
. The notice shall specify the required repair or
improvements to be made to render the structure, equipment, appliance,
mechanical system, plumbing system, fuel gas installation, or electrical system
safe and secure, or require the unsafe structure, equipment, appliance,
mechanical system, plumbing system, fuel gas installation, or electrical system
or portion thereof to be demolished or removed 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.
PM-307.8
Authority to disconnect service
utilities.[52.1] The code
official shall have the authority to authorize disconnection of utility services
or energy sources to a building, structure or system regulated by the
Philadelphia Building Construction and Occupancy Code where it is necessary to
eliminate an immediate hazard to life or property. The code official shall
notify the serving utility and, wherever possible, the owner and occupant of the
building, structure or service system of the decision to disconnect prior to
taking such action. If not notified prior to disconnecting, the owner or
occupant of the building, structure or service system shall be notified in
writing as soon as practical thereafter.
PM-307.8.1
Connection after order to
disconnect.[52.2] A person
shall not make utility service or energy source connections to systems regulated
by the Philadelphia Building Construction and Occupancy Code, which have been
disconnected or ordered to be disconnected by the code official, or the use of
which has been ordered to be discontinued by the code official until the code
official authorizes the reconnection and use of such systems.