You are viewing an archived code
PM-306.2 Responsibility: 286 The owner of any vacant building shall keep the interior and exterior of the premises free of garbage and rubbish. The owner of any vacant building shall keep all doors, windows and openings from the roof or other areas in good repair, and shall ensure that the roof is intact and allows for proper stormwater drainage. Where such doors or windows or entrance to openings are readily accessible to trespassers, they shall be kept securely locked, fastened or otherwise secured. The owner shall take any other measures prescribed by the Department to prevent unauthorized entry to the premises by closing all openings with materials approved by the Department. A vacant building, which is not secured against entry shall be deemed unsafe within the meaning of Section PM-307.0. The owner of a vacant building that is a blighting influence, as defined in this subcode, shall secure all spaces designed as windows with windows that have frames and glazing and all entryways with doors. Sealing such a property with boards or masonry or other materials that are not windows with frames and glazing or entry doors shall not constitute good repair or being locked, fastened or otherwise secured pursuant to this subsection. Except as otherwise provided in this section, the building owner of a Foreclosed Vacant Residential Property or a Large Vacant Commercial or Industrial Property shall keep all doors, windows and openings from the roof or other areas in good repair. If securely fastened windows and doors fail or are inadequate to prevent trespassers from entering the building, the owner shall close and secure all accessible openings using a commercial-quality, 14 gauge, rust-proof steel security panel or door, or such other materials deemed by the Department to provide an equivalent level of protection considering the specific characteristics of a property and its location. Security panels and doors shall be secured from the building interior, allow emergency access such as by key, and have an exterior finish that allows for easy removal of graffiti.
PM-306.2.1 Large Vacant Commercial or Industrial Property ("LVCIP") and Foreclosed Vacant Residential Property ("FVRP"): 287 The owner of an LVCIP or FVRP shall cause an inspection of such property to be performed within fifteen (15) days of acquiring the property, and at least once every two weeks thereafter. Such inspections shall determine whether the property is in compliance with the requirements of this Chapter. Where an LVCIP or FVRP does not comply with the requirements of this Chapter, its owner shall promptly cause appropriate remediation to be undertaken.
PM-306.2.1.1 Designation of Property Manager: 287.1 Any owner of an LVCIP or FVRP who resides outside the City and does not customarily and regularly attend or maintain a business office in the City shall designate a property manager able to perform the inspections and any remediation required under PM-306.2.1. This requirement shall not prohibit an owner who resides in the City or customarily and regularly attends or maintains a business office in the City from designating a property manager, nor shall it prohibit any owner from serving as the property manager for an LVCIP or FVRP owned by that owner.
PM-306.2.1.2 287.2 The owner of an LVCIP or FVRP shall immediately register such property with the Department on a form provided by the Department. A new owner of an LVCIP or FVRP shall register such property no later than five days following the transfer of title. The registration shall include the address of the LVCIP or FVRP, the name, address, and telephone number of the owner, the name, address, and twenty-four (24) hour contact telephone number of the property manager responsible for inspecting the property and performing any remediation under PM-306.2.1 and such other information the Department deems appropriate. The owner of an LVCIP or FVRP shall, in the manner and time set forth in PM-102.6.3, inform the Department of any change in the foregoing required information. Registration of an LVCIP pursuant to this section shall be accompanied by certification that the property's fire protection systems are operating properly pursuant to F-915.1, or by documentation of exemption pursuant to F-311.
PM-306.2.1.3 Documentation of Inspections: The Department may require an owner or a property manager to provide documentation, satisfactory to the Department, of performance of the inspections and any remediation under PM-306.2.1.
PM-306.2.1.4 Posting: 287.3 The owner of an LVCIP or FVRP shall post the property with the owner's name and address, the name and address of the property manager responsible for inspecting the property and performing remediation under PM-306.2.1, and the twenty-four (24) hour contact telephone number of the property manager. The posting shall be made using a weather-resistant sign no smaller than eighteen (18) inches by twenty-four (24) inches, and shall be in plain view, with print that may be easily read from the sidewalk or street immediately abutting the property.
PM-306.2.1.5 Violations: 287.4 With respect to an LVCIP or FVRP, any of the following shall constitute a violation of PM-306.2.1, and shall be in addition to any other violation of this Code:
1. Failure to correct any violation of this Chapter cited in a notice of violation under A-502.1 within the time limitation set forth in such notice for performing such correction.
2. Failure to perform any inspection required by PM-306.2.1.
PM-306.3 Notice: 288 Where the Department determines that any vacant building is in violation of this Section, a written notice of that determination shall be given to the registered owner together with an appropriate order to comply with this code, and a copy shall be posted in a conspicuous place on the premises. Such written notice shall indicate the number of doors, windows or other entrances or openings to the building that the owner has failed to secure or seal in violation of PM-306.2. Such notice shall be in addition to a notice, if any, designating a property as a blighting influence.
PM-306.4 Compliance: 289 The owner of any vacant building which is in violation of this Section shall, upon written notice, either eliminate the violation(s) or demolish the building. Where immediate compliance is not feasible, the owner shall notify the Department in writing within 10 days of the notice served by the Department of the steps taken to correct the conditions, together with an estimate of the time required to fully comply with the provisions of the code.
PM-306.5 Penalties: 290 If the owner does not comply with the notice or fails to correct the conditions specified in the Department's notice within the required period of time, the owner shall be subject to penalties set forth in the administrative code, provided that it shall be a separate offense, for which a separate fine may be imposed, for the owner to fail to secure or seal each separate door, window or other entrance or opening enumerated in the written notice required by PM-306.3. As provided in A-601.2, each day that each such separate offense continues after issuance of a notice or order shall also be deemed a separate offense for which a separate fine may be imposed.
PM-306.6 Abatement: 291 If the owner does not comply with the order of the Department to correct the conditions prohibited by this Section, the Department is authorized to correct the conditions or demolish the building with its own forces or by contract and charge the costs thereof to the owner, and with the approval of the Law Department, collect the costs, including administrative costs, by lien, or otherwise.
Notes
| 286 | Amended, Bill No. 020634 (approved March 3, 2003); amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 287 | Added, Bill No. 100749 (approved January 26, 2011). See note 45 for effective date provisions. Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 287.1 | Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 287.2 | Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 287.3 | Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 287.4 | Amended, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 288 | Amended, Bill No. 000404 (approved October 31, 2000). |
| 289 | Amended, Bill No. 020634 (approved March 3, 2003). |
| 290 | Amended, Bill No. 000404 (approved October 31, 2000). |
| 291 | Amended, Bill No. 020634 (approved March 3, 2003). |