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Approved: Approved by the code official or other authority having jurisdiction.
Basement: That portion of a structure which is partly or completely below grade.
Bathroom: A room containing plumbing fixtures including a bathtub or shower.
Blighting influence: 266 A vacant or mixed-use building that lacks windows with frames and glazing and/or lacks one or more doors in entryways of the building if:
1. the building is located on a block face where 80% or more buildings on the block face are occupied; or
2. the Department has provided 30 days notice to the owner of the property that the Commissioner of Licenses and Inspections has determined, in consultation with other City officials as appropriate, that the lack of windows and/or entry doors has a significant adverse influence on the community based on the following factors:
a. deterioration and/or safety of the property;
b. safety of the surrounding community;
c. the value of intact, occupied properties in the surrounding vicinity of the property;
d. marketability of the property; and
e. community morale.
3. For purposes of this Section, mixed-use building shall mean a building consisting of no more than five stories with a nonresidential occupancy located below a residential occupancy.
Building: Any structure occupied or intended for supporting or sheltering any occupancy.
Code official: The Commissioner of the Department, or his or her duly authorized representative charged with the administration and enforcement of this code.
Condominiums: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, as defined in the Uniform Condominium Act; 68 Pa. C.S. §§ 3101 et seq., or real properly as defined by the Unit Property Act, Act of July 3, 1963, P.L. 196, 68 P.S. §§ 700.101 et seq., whichever is applicable.
Condominium Council: A "unit owners' association" as defined by the Uniform Condominium Act, 68 Pa. C.S. §§ 3101 et seq. or a board of natural individuals as required and defined by the Unit Property Act, Act of July 3, 1963, P.L. 196, 68 P.S. §§ 700.101 et seq., whichever is applicable.
Department: The Department of Licenses and Inspections or a duly authorized representative.
Dwellings:
Dormitory: A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
Dwelling unit: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, including such units contained within residential condominiums.
Hotel: Any building containing six or more guestrooms, intended or designed to be occupied, or which are rented or hired out to be occupied for sleeping purposes by guests.
Multiple-family dwelling: A building containing more than two dwelling units.
One-family dwelling: A building containing one dwelling unit with not more than five lodgers or boarders in addition to the primary family.
Rooming house: A building containing rooming units arranged or occupied for lodging, with or without meals, and not occupied as a one-family dwelling or a two-family dwelling.
Rooming unit: Any room or group of rooms which together form a single habitable unit occupied or intended to be occupied by an individual or family for sleeping or living, but not for cooking purposes.
Two-family dwelling: A building containing two dwelling units with not more than five lodgers or boarders in addition to each primary family.
Exterior property: The open space on the premises and on adjoining property under the control of owners or operators of such premises.
Extermination: The control and elimination of insects, rodents, vermin, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination method.
Family: 2 An individual or two or more persons related by blood, marriage, Life Partnership or adoption; or a group of three or less unrelated persons, living together as a single housekeeping unit.
Foreclosed Vacant Residential Property ("FVRP"): 267 A residential property that has been vacated in connection with a residential mortgage foreclosure, regardless of any subsequent conveyance of title or interest in the property. Such a residential property shall no longer be considered an FVRP when a natural person takes lawful possession of such property for use as his or her residence.
Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
Habitable space: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, vestibules, foyers, stairways, laundries, basement recreation rooms, storage or utility spaces, and similar areas are not considered habitable spaces.
Infestation: The presence of insects, rodents, vermin or other pests, within or contiguous to, a structure or premises.
Large Vacant Commercial or Industrial Property ("LVCIP"): 267.1 An LVCIP is any vacant property containing an improvement that has a commercial or industrial zoning designation, where the improvement area is greater than 15,000 square feet.
Managing Agent: 268 A natural person over the age of eighteen years who either resides within the City or customarily and regularly attends a business office maintained within the City and who agrees to receive service of notices, orders, or summonses issued by the Department on behalf of the owner or corporate principal. An owner or corporate principal who meets the above qualifications may serve as a managing agent.
Mortgagor: 270 A person who has given a mortgage interest in a residential property as security for a mortgage loan.
Occupancy: The purpose for which a building or portion thereof is used or occupied.
Openable area: That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care, management, or control of a structure or premises which is offered for occupancy. No person who owns a dwelling unit in a condominium shall by virtue of that ownership, and/or by virtue of rights and obligations or the exercise thereof in regard to the Condominium Council, be considered an operator of that condominium within the meaning of this code. However, in the case of a condominium, the Condominium Council shall be considered the owner/operator of the condominium and the common elements thereof. The developer or instrument established prior to the establishment of the Condominium Council shall be considered the owner/operator of the condominium until such time as the Condominium Council shall take possession.
Owner: Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the Commonwealth of Pennsylvania or City and County of Philadelphia as holding title to the property; or otherwise having control of the property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. No person who owns a dwelling unit in a condominium shall by virtue of that ownership and/or by virtue of his rights and obligations, or the exercise thereof in the Condominium Council shall be considered an owner of the Condominium within the meaning of this Section. However, in the case of a condominium, the Condominium Council shall be considered the owner/operator of the condominium and the common elements thereof. The developer or instrument established prior to the establishment of the Condominium Council shall be considered the owner/operator of the condominium until such time as the Condominium Council shall take possession.
Person: An individual, corporation, firm, partnership, association, organization, or any other group acting as a unit.
Plumbing: The materials and fixtures utilized in the installation, maintenance, extension and alteration of all piping, fixtures, appliances, vents, drains and appurtenances together with all connections to water and sewer lines within the scope of the plumbing code.
Plumbing fixture: A receptacle or device which is connected to the water distribution system of the premises; or discharges waste water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises, or both.
Premises: A lot, plot or parcel of land including any structures thereon.
Private Parking Lot: 271 Any outdoor area or space where more than six (6) motor vehicles may be parked, housed or kept without any charge.
Property Manager: 272 A person responsible for the general maintenance of a premises and who, in the exercise of such responsibilities, may provide property maintenance services and property management services. Property managers must reside within the City or a county which borders on the City or must customarily and regularly attend or maintain a business office within the City or within a county which borders on the City.
Residential Mortgage Foreclosure: 273 Any of the following actions when occurring with respect to a residential property:
1. The property is sold at a judicial sale pursuant to court order in a mortgage foreclosure action as defined in Pa. R. Civ. P. 1141.
2. The property is sold at a judicial sale pursuant to court order in an action on the note or other obligation for which the mortgage was security.
3. The mortgagee takes possession of the property following a default by the mortgagor on the note or other obligation secured by the mortgage.
4. The mortgagor conveys the property to the mortgagee or an agent, trustee, or other fiduciary of the mortgagee.
5. The property is offered for sale pursuant to the terms of a deed of trust following a default by the borrower on the note or other obligation secured by the deed of trust.
Rubbish: Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and similar materials.
Structure: That which is built or constructed.
Toilet room: A room containing one or more water closets or urinals but not a bathtub or shower.
1. The physical condition or occupancy of any premises regarded as a public nuisance at common law; or
2. Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements and excavations; or
3. Any premises that has unsanitary sewerage or plumbing facilities; or
4. Any premises that is manifestly capable of being a fire hazard, or is manifestly unsecure so as to endanger life, limb or property; or
5. Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or
6. Any premises that is unsanitary, or that is littered with rubbish, garbage, raw sewage or contains infestation due to the presence of insects, rodents, vermin or other pests; or
7. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; vacant or abandoned and open to public trespass; damaged by fire to the extent so as not to provide shelter; or otherwise hazardous to anyone on or near the premises; or
8. Any premises certified by the Police Department or the District Attorney's Office as the location of drug sales or use.
Ventilation: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
Workmanlike: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
Yard: All open space on the same lot with a structure.
Notes
| 266 | Added, Bill No. 020634 (approved March 3, 2003); amended, Bill No. 130418 (approved July 11, 2013), effective October 9, 2013. |
| 2 | Amended, Bill No. 130224 (approved May 8, 2013). |
| 267 | Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. |
| 267.1 | Added, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 268 | Added, Bill No. 090834 (approved April 28, 2010). |
| 269 | Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. |
| 270 | Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. |
| 271 | Added, Bill No. 040869 (approved January 25, 2005). |
| 272 | Added, Bill No. 090834 (approved April 28, 2010). |
| 273 | Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. |
| 274 | Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. |
| 275 | Amended, Bill No. 980646 (approved December 30, 1998); amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |