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PM-303.3.1 Residential occupancies: 280 The owner of every residential premises shall supply approved containers for rubbish and shall be responsible for removal and/or collection of same. The owner shall also provide for removal of garbage by providing one of the following: a food waste grinder in each dwelling unit, an approved covered, leakproof outside garbage container, or an approved incinerator unit available to the occupants of all dwelling units.
Exception: Where facilities are provided in Group R-3 occupancies, the occupants are responsible for the removal and collection of waste matter.
PM-303.3.2 Non-residential occupancies: The owner of every occupied premises shall be responsible for the removal of rubbish where not eligible for City collection. The operator of every establishment which produces garbage shall provide, and at all times cause to be utilized, approved covered, leakproof containers for the storage of such materials until removed from the premises for disposal.
PM-303.5.2 Multiple occupancy: The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior properly. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.
Notes
| 280 | Amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
PM-304.1 General: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safely or welfare. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(a) Findings:
Whereas, The City of Philadelphia was established by Charter of 1701, is considered the birthplace of American Independence, the American Revolution and a centerpiece of early American history; and
Whereas, Philadelphia boasts historical, cultural and architectural lineage longer than that of almost any other place in America, with much of its buildings dating from the early 20th Century or earlier; and
Whereas, Certain considerations should be made to preserve the character and appeal of this uniquely American city as modern technological advancements are integrated into the City's landscape; and
Whereas, The City of Philadelphia has a vested interest in protecting its neighborhoods from conditions that could substantially and interfere with enhancing quality of life, fostering and facilitating commerce, maintaining and improving property values, and preserving and protecting the public's health, safety, and welfare; and
Whereas, The City of Philadelphia has an interest in ensuring the structural integrity and safety of building appurtenants, particularly those that extend into the public right-of-way; and
Whereas, The City of Philadelphia also recognizes the interest of its citizens in receiving and maintaining access to television, cable and satellite airwaves; and
Whereas, The Federal Communications Commission in 1996 adopted the Over-the-Air Reception Devices ("OTARD") rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals; and
Whereas, Since then, the OTARD ruling has been interpreted by the FCC to allow the imposition of "reasonable" regulations on satellite dish and antenna placement under terms and conditions that don't impede signal access; and
Whereas, Particular attention needs to be given to tailoring measures that properly balance the interest of cable and satellite signal access and the City's interest in quality of life enhancement, historic preservation and public safety.
(b) Where an alternative location is available, including but not limited to a roof, rear yard or facade, or side yard or facade, no property owner or tenant in a multiple-family or two-family dwelling shall place or permit the placement of a satellite dish or antenna between the facade of the building and the street, unless the device is wholly within a balcony or patio area that is under the exclusive use or control of the unit owner or tenant.
(c) Where an alternative location is available for placement of a satellite dish or antenna, with no material delay or material reduction in signal reception and at no significant additional cost to the owner or tenant (including but not limited to a roof, rear yard or facade, or side yard or facade), no property owner or tenant in a one-family dwelling shall place, install or maintain, or allow to be placed, installed or maintained, a satellite dish or antenna between the facade of a building and the street.
(d) Any property owner or tenant in a one-family, two-family or multi-family dwelling, if his or her satellite dish or antenna was installed by a provider or installer, shall keep the certification provided by the installer as required by Section 9-632(4) of this Code at the residence at which the satellite dish or antenna is maintained, and shall produce it upon request by an inspector from the Department.
(e) No property owner or tenant shall place a satellite dish or antenna that does not meet one of the following criteria between the facade of any building and the street:
(.1) A "dish" antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.
(.2) An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.
(.3) An antenna that is designed to receive local television broadcast signals.
PM-304.4 Roofs: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof water shall not be discharged in a manner that creates a health or safety hazard.
PM-304.5 Appurtenances and architectural features: All cornices, belt courses, corbels, terra cotta trim, wall facings, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar elements shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
PM-304.6 Chimneys and towers: All chimneys, cooling towers, smoke stacks, and similar construction shall be maintained structurally safe and sound, and in good repair so that it will function safely and effectively. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
PM-304.8.1 Doors: All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. All building entrance doors and other exterior exit doors on all dwellings, except those dwellings that are exclusively owner-occupied and those building entrance doors guarded by 24-hour security personnel, shall be self-closing and equipped with heavy duty lock sets with auxiliary latch bolts to prevent the latter from being manipulated by means other than a key; provided that exit doors shall be readily openable at all times from the side from which egress is to be made and shall not require a key to operate from that side; further provided that if a latch set has a stop, it will be controlled by a master key only and that outside cylinders of main entrance door locks shall be operated by the tenant's key, which shall not be designed to also open the tenant's dwelling unit entrance door.
PM-304.8.1.1 Single occupancy: Exterior doors which serve only one tenant need only be equipped with a heavy duty dead bolt operable by a key from the outside.
PM-304.8.1.2 Alternate: The required lockset shall be permitted on a vestibule door provided there is no other door to dwelling units from within the vestibule.
Exception: Windows in dwellings which are exclusively owner-occupied and windows which are guarded by 24-hour security personnel.
PM-304.8.3 Basement openings: Every basement hatchway, door and window shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Where basement hatchways are part of a walking surface, they shall be maintained in a structurally sound condition to support the imposed load.
PM-304.8.4 Mixed-use building: 280.2 The owner of a mixed-use building that is a blighting influence shall secure all spaces designed as windows, with windows that have frames and glazing, and all entryways, with doors. Sealing the building with boards or masonry or other materials that are not windows with frames and glazing or entry doors shall be a violation of this subsection.
PM-304.8.4.1 Enforcement: Enforcement of PM-304.8.4 shall be in accordance with the provisions of the Administrative Code.
PM-304.8.4.2 Penalties: If the owner does not comply with the notice of violation or fails to correct the conditions specified therein within the required period of time, the owner shall be subject to the penalties set forth in A-601.1 of the Administrative Code, relating to basic fines, provided that it shall be a separate offense, for which a separate fine may be imposed, for the owner to fail to secure each separate door, window or other entrance or opening enumerated in the written notice of violation. As provided in A-601.4, each day that each such separate violation continues, after issuance of a notice or order, shall also be deemed a separate offense for which a separate fine may be imposed.
PM-304.9 Piers and other waterfront structures: 281 In order to confirm and maintain the structural integrity of their structures, the owners of piers, bulkheads, wharves, docks, moored vessels, and other structures that have structural elements partly or totally below water along the shorelines of the Delaware River, Schuylkill River, or estuaries shall inspect and submit a structural assessment report to the Department of Licenses and Inspections on a triennial basis with the first report due no later than January 1, 2003. Subsequent reports will be due January 1, 2006 and every three years thereafter. The structural assessment report shall be subject to the provisions of PM-304.9.1 through PM-304.9.6.
Exceptions:
1. The reporting requirement shall not apply to pipelines, bridges, dams, utility towers, tram towers, and water and wastewater discharge and intake structures.
2. The reporting requirement shall not apply to vacant piers and other waterfront structures provided:
(a) A barrier to human occupancy is maintained at all points of access from the on-shore side of the pier or other waterfront structure.
(b) The owner files an "Affidavit of Vacant Pier" with the Department of Licenses & Inspections.
(c) The owner maintains a vacant property license.
(d) The pier or other waterfront structure is posted on all sides, in a visible and conspicuous manner, with "Danger-No Trespassing" signs.
PM-304.9.1.1 Project engineer: A professional engineer registered in the Commonwealth of Pennsylvania shall be designated as the project engineer and shall prepare the structural assessment report. The project engineer shall have at least five years experience in the field of marine structure construction and design techniques with specific verifiable knowledge of relieving platforms, high water structures, and cellular structures.
PM-304.9.1.2 Team leader: All underwater inspections shall be led by and under the direction of a team leader who shall be a professional engineer registered in the Commonwealth of Pennsylvania. The team leader shall have at least three years experience in the field of marine structure construction and design techniques. The team leader shall also be a qualified diver or shall use a video monitor to assess and record the divers' inspections.
PM-304.9.1.3 Divers: Underwater inspections shall be performed by divers who are graduates of a commercial diving school. Divers shall have completed at least 80 hours of instruction specifically related to structural inspections or shall have at least six months verifiable wharf builder experience in the Delaware bay, river, or estuary.
PM-304.9.2.1 Routine inspections: Routine inspections shall be performed and a structural assessment report prepared at least once every three years as set forth in PM-304.9. The inspections shall include:
PM-304.9.2.1.1 Topside inspections: Topside inspection of the above-water portions of the pier or other waterfront structure.
PM-304.9.2.1.2 Underwater inspections: Underwater inspection by personnel qualified to perform such inspections, of those portions of the pier or other waterfront structure that cannot be inspected above water.
PM-304.9.2.2 Post-event inspection: A post-event inspection shall be performed, and a structural assessment report submitted, following a damage-causing event such as impact by vessel, major flood, ice flow, or similar event.
PM-304.9.3.1 Very Good – No visible defects or deterioration observed. All structural elements are sound and performing their function. No repairs are required to accommodate the structure's current use and loading conditions.
PM-304.9.3.2 Good – Localized minor defects or deterioration observed. All structural elements are sound and performing their function. No repairs are required to accommodate the structure's current use and loading conditions.
PM-304.9.3.3 Fair – Moderate defects or deterioration observed. Primary structural elements are sound, however, repairs must be completed in order to accommodate the structure's current use and loading conditions.
PM-304.9.3.4 Poor – Advanced defects or deterioration observed. Overstressing of structural elements observed. The structure or a portion thereof, must be posted with maximum permitted live load certificate(s) and the use restricted until repairs are completed.
PM-304.9.3.5 Serious – Advanced defects or deterioration observed. Overstressing or breakage of structural elements that significantly affects the load bearing capacity of primary structural elements. Localized failure is possible and portions of the structure must be barricaded from occupancy and posted until repairs are completed.
PM-304.9.3.6 Critical – Very advanced defects or deterioration observed. Overstressing or breakage of structural elements has resulted in failure(s) of primary structural components. Widespread failure is possible. All occupancy must cease immediately and the structure barricaded and posted. The pier or other waterfront structure must remain closed until repairs are completed.
PM-304.9.4.1 Introduction – The introduction to the report shall include:
(1.) Description of the facility including use (function) and loading conditions.
(2.) Scope of work including any limitations affecting inspections dictated by the owner or site conditions.
(3.) Description of the inspection including equipment, test methods, date, time, weather, stage of tide, and the names and qualifications of the survey party.
PM-304.9.4.2 Existing conditions – The existing conditions section of the report shall include the following. Data and results shall be documented by drawings/sketches and pictures and shall be reported in a factual manner without comment or analysis.
(1.) Results of topside and underwater inspections.
(2.) Special testing accomplished in the field.
(3.) Results of laboratory testing.
PM-304.9.4.3 Evaluation – Evaluate the structure based upon the existing conditions, current use (function), and loading conditions. The overall structural assessment rating shall be included in this Section.
PM-304.9.4. Recommendations – The report shall contain:
(1.) Recommendations for repairs or replacement including timeframe for completion.
(2.) Restrictions of use, and required posting(s) of live load certificate(s).
PM-304.9.5.1 Required Repairs (Fair Rating) – Repairs identified by the Project Engineer as necessary to accommodate the structure's current use shall be completed within nine months of the report date.
PM-304.9.5.2 Post Maximum Permitted Live Load Certification (Poor Rating) – Live load certification signs, approved by the Department of Licenses & Inspections, shall be conspicuously posted.
PM-304.9.5.3 Barriers (Serious Rating) – Install barriers and post approved signage to prevent access to specific areas identified by the Project Engineer.
PM-304.9.5.4 Restrict Occupancy (Critical Rating) – Immediately cease operation of any pier or other waterfront structure determined by the Project Engineer to be in critical condition. Post "Danger – No Trespassing" signs on all sides including the on-shore and out-shore sides. Install a barrier to prevent access to the pier or other waterfront structure from all points of access from the on-shore side.
PM-304.9.5.5 Rating Upgrade – Once repairs have been completed to a pier or other waterfront structure, the Project Engineer may submit an addendum to the structural assessment report to upgrade the load limitations, use, and structural assessment rating.
PM-304.9.6 Submission Schedule: 282 Notification of poor, serious or critical conditions and submission of reports shall be in accordance with the following schedule:
PM-304.9.6.1 Should a condition warrant a poor, serious or critical designation, the Project Engineer shall notify the owner, current occupant, and the Commissioner of the Department of Licenses and Inspections immediately. The immediate notice may be oral, but shall in all cases be submitted in writing via certified letter within 24 hours of discovery to the owner, current occupant and the Commissioner of the Department of Licenses and Inspections.
PM-304.9.6.2 Structural assessment reports shall be submitted to the Commissioner of the Department of Licenses and Inspections within sixty days of physical inspection.
PM-304.10.1 Definitions. The following definitions shall apply to this subsection PM-304.10:
Affected Buildings. All buildings six or more stories in height; all buildings with any appurtenance in excess of 60 feet in height; and any building located in the following areas, other than one- or two-family dwellings, greater than two stories:
Reserved.
Professional. A Commonwealth of Pennsylvania licensed Professional Engineer experienced in the practice of structural engineering or a licensed Registered Architect knowledgeable in the design, construction, and inspection of building facades.
Safe. A condition of a building wall or any appurtenance thereto that is neither an Unsafe condition nor Safe with a Repair and Maintenance Program.
Safe with a Repair and Maintenance Program. A condition of a building's exterior wall or any appurtenance thereto or any part thereof that the Professional does not consider Unsafe at the time of inspection, but requires repairs or maintenance within a time period designated by the Professional in order to prevent its deterioration into an Unsafe condition.
Unsafe condition. A condition of a building's exterior wall or any appurtenance thereto or part thereof that is dangerous to persons or property and requires prompt remedial action.
PM-304.10.2.1 The owner of each Affected Building shall be responsible for retaining a Professional to conduct periodic inspections of exterior walls and any appurtenances thereto, except for those parts of any exterior wall which are less than twelve inches from the exterior wall of an adjacent building, and to prepare and file a report on such inspection as required by this Section.
PM-304.10.2.2 For Affected Buildings, the first inspection required by this Section shall be conducted as shown in the following schedule:
Construction Date | Report to be completed no later than: |
Prior to and including 1950 | June 30, 2011 |
1951 - 1970 | June 30, 2012 |
1971 - 1980 | June 30, 2013 |
1981 -1990 | June 30, 2014 |
1991 - 2005 | June 30, 2015 |
If the date of construction cannot be determined by the owner, the first inspection must be performed by June 30, 2011. For all other buildings, the first inspection shall be conducted, and required report shall be filed, within ten years after the certificate of occupancy was issued.
PM-304.10.2.3 Following the Initial Inspection, an Affected Building shall be re-inspected, and the required report shall be filed, on a five-year cycle based on the original schedule.
PM-304.10.2.4 If all facades of an Affected Building have been substantially restored during the five years immediately preceding the date of any required inspection, the owner may apply to the Department for a waiver of the required inspection. The owner shall submit with such application such information as the Department determines is necessary to enable it to evaluate the request. The Department shall grant the waiver if it determines that the recent facade restoration obviates the need for an inspection until the next inspection cycle.
PM-304.10.3.1 Before inspecting an Affected Building, the retained Professional shall review previous reports, inspections, and evidence of repairs made in the past 5 year period, including confirmation that all areas previously determined to require remediation in less than 5 years (as noted in any previous report) have been addressed.
PM-304.10.3.2 The inspection shall be conducted by or under the supervision of the Professional, and performed to the best of his/her knowledge and belief. The Professional shall determine the extent of the inspection required, based upon the known history of the building, the nature of the materials used, and the conditions observed. The Professional shall determine methods employed in the inspection, but need not be physically present at the location where the inspection is made.
PM-304.10.3.3 The methods used to inspect a building shall permit a physical, hands-on inspection of the building. The Professional may use other methods of inspection as deemed appropriate, except that a physical inspection from a scaffold or other observation platform is required for a representative sample of the exterior wall. The Professional shall determine what constitutes a representative sample.
PM-304.10.3.4 The Professional shall employ the appropriate professional standard of care to detect distressed conditions such as delaminating, separating, splitting or fracturing of material or components as well as movement or displacement indicative of unsound facade materials or loss of structural support. If a distressed condition is identified, the Professional shall order any other inspections and/or tests that may be required to determine the significance and probable cause of the observed distress.
PM-304.10.3.5 During the course of the inspection, photographs shall be taken and/or sketches made to properly document the location of all conditions observed that are either Unsafe or Safe with a Repair and Maintenance Program.
PM-304.10.3.6 Upon discovery of any Unsafe condition the Professional shall immediately notify the owner of the building by electronic mail or by fax; and shall, within 12 hours of discovery, notify the Department in writing and in an electronic format determined by the Department.
PM-304.10.4.1 The Professional shall submit to the owner of the building a written report as to the result of each inspection, certifying that the inspection was performed and completed in accordance with this Code, and detailing all conditions not classified as Safe. The Professional shall also submit a summary of the written report to the Department in a form determined by the Department. The Department may by regulation impose a processing fee, not to exceed one hundred dollars ($100), that must be paid upon submission of the summary of the written report. If the report identifies an Unsafe condition, then the Professional, within 24 hours of completion of the report, shall file the full report with the Department in writing and in an electronic format determined by the Department. The owner or its agent shall retain all written reports submitted pursuant to this Section and keep them readily available for inspection by the Department.
PM-304.10.4.2 The report shall include, on the front page, the name and license number of the Professional and shall be signed, sealed and dated by the Professional in accordance with the professional registration laws of the Commonwealth of Pennsylvania, and shall include:
1. The address and the location from the nearest intersection.
2. The name, mailing address, and telephone number of the owner of the building and of the owner's agent or person in charge, possession or control of the building, if any.
3. A description of the building, including number of stories, height, plan dimensions, usage, age and type of exterior wall construction, and system of water management.
4. A brief history of any settlements, repairs, revisions to exterior enclosures, if available.
5. The date of the start and completion of the inspection, a detailed description of the procedures used in making the inspection, and the extent and location of all physical inspections performed.
6. A report of all conditions including but not limited to significant deterioration and movement observed as well as a statement concerning the apparent water-tightness of the exterior surfaces, and the deleterious effect of exterior appurtenances, including exterior fixtures, flagpoles, signs, parapets, copings, guard rails, window frames (including hardware and lights), window guards, window air conditioners, flower boxes, and similar items. The report shall classify each such condition as Safe, Unsafe, or Safe with a Repair and Maintenance Program.
7. The probable causes of the reported conditions.
8. The status of the exterior maintenance.
9. For any conditions listed in the previously filed report (if any), whether such conditions have been repaired and/or maintained as recommended in that report.
10. Recommendations for repairs or maintenance, if appropriate, including the recommended time frame for the repairs or maintenance to be performed.
11. The classification of the building according to the following scheme:
a. "Unsafe", if there is at least one unsafe condition.
b. "Safe with a Repair and Maintenance Program", if there is a condition that is "Safe with Repair and Maintenance Program" and there are no Unsafe conditions.
c. "Safe", in all cases other than (a) or (b).
12. Photographs and/or sketches documenting the locations of any conditions that are either Unsafe or Safe with a Repair and Maintenance Program.
13. A statement by the Professional indicating which repairs and/or maintenance require the obtaining of work permits prior to their commencement.
14. A statement signed by the owner or agent of the building, acknowledging receipt of a copy of the report and acknowledging all required repairs and/or maintenance (if any) and the recommended time frame for performing such repairs and/or maintenance.
15. The Professional's certification that the physical inspection was performed in accordance with applicable rules and regulations and within the appropriate professional standard of care.
16. The Professional's seal and signature.
17. Such other matters as the Department may by regulation require.
PM-304.10.4.3 The Professional may submit an amended report within thirty (30) days of the initial submission. The amended report shall clearly indicate any change from the initial report and all reasons for such changes.
PM-304.10.5.1 Within twenty-four (24) hours of being notified of an Unsafe condition by a Professional, the owner of a building shall take any actions necessary to protect public safety, such as erecting sidewalk sheds, fences, and/or safety netting. Such actions shall be considered as an effort to remedy an emergency situation and appropriate permit applications shall be submitted within the next three (3) days to the Department.
PM-304.10.5.2 Within ten (10) days of the receipt or filing of a report identifying an Unsafe condition, the owner of a building shall commence work to correct the condition and work shall continue without interruption until the Unsafe condition has been corrected, unless there has been an unforeseen delay (e.g. weather, labor strike). Within two weeks after the Unsafe condition has been corrected, the Professional shall reinspect the building and file with the Department a detailed amended report stating the condition of the building.
PM-304.10.6.1 The owner of the building is responsible for ensuring that the conditions described in the report as "Safe with a Repair and Maintenance Program" are repaired and the actions identified by the Professional are completed within the time frame designated by the Professional or by such time necessary to prevent a condition from becoming an Unsafe condition, whichever is sooner.
PM-304.10.7.1 The Department may grant an extension of time of up to ninety (90) days to begin the repairs required to remove an Unsafe condition or to repair a Safe with a Repair and Maintenance Program condition, after receipt and review of an initial extension application submitted by the Professional which includes:
1. Proof that the premises have been made safe by means of a shed, fence, or other appropriate measures.
2. A copy of the contract indicating the scope of work necessary to remedy the Unsafe condition(s).
3. The Professional's estimate of the length of time required for repairs, and a notarized affidavit by the owner of the building or its agent that work will be completed within such time.
PM-304.10.7.2 A further extension of time will be considered by the Department only upon receipt and review of a further extension application which details that one of the following is met:
1. The work has been substantially completed, but there has been an unforeseen delay (e.g. weather, labor strike).
2. Unforeseen circumstances (e.g., fire, building collapse).
3. The nature of hazard requires more than 90 days to remove (e.g., new wall to be built).
PM-304.10.8.1 The owner of the building may appeal the findings set forth in the Professional's initial report or amended report to the Board of Building Standards. Such appeal must be filed within thirty (30) days of the receipt or filing of the report, and must include a second Professional's report. The filing and pendency of such an appeal shall stay the requirement for making repairs as set forth in PM-304.10.5.2, but not the requirement for taking actions necessary to protect public safety as set forth in PM-304.10.5.1.
PM-304.10.8.1.1 Upon consideration of any such appeal, the Board shall issue a recommendation to the Commissioner either to grant the appeal; deny the appeal; or grant the appeal with such proposed modifications to the Professional's findings as the Board deems consistent with the intent of this Section. The Commissioner thereafter shall make the final determination on the appeal.
Notes
| 280.1 | Added, Bill No. 100200-AAAA (approved November 2, 2011). Section 3 of Bill No. 100200-AAAA provides: "The provisions of § PM-304.3.1(b), added by Section 1 of this ordinance, shall be effective with respect to any pre-existing satellite dish or antenna sixty (60) days after this ordinance is approved." |
| 280.2 | Added, Bill No. 130418 (approved July 11, 2013), effective October 9, 2013. |
| 281 | Added, Bill No. 020310 (approved June 26, 2002). |
| 282 | Amended, Bill No. 070820 (approved November 15, 2007). |
| 283 | Added, Bill No. 090568-AAA (approved February 17, 2010). |
| 284 | Added, Bill No. 100282 (approved June 30, 2010). |
PM-305.1 General: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing more than one tenant shall maintain, in a clean and sanitary condition, the shared or public areas of the structure.
PM-305.3 Interior surfaces: Walls, floors and ceilings shall be maintained substantially rodentproof. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other effective surface conditions shall be corrected.
PM-305.6 Lead paint: 285 Lead paint, as defined in Section 6-403(1)(a) of the Philadelphia Health Code shall not be permitted to remain on interior surfaces of any dwelling, rooming house, dwelling unit, rooming unit or structure in Group E occupancy regulated under Section A-703 occupied by children when the Department of Public Health determines that its presence creates a health hazard. Failure by the owner to remove the hazard shall authorize the department to declare the premises "Unfit" or "Unsafe" pursuant to Section PM-307.
Notes
| 285 | Amended, Bill No. 020313-A (approved January 27, 2003); amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
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). |
PM-307.1 Unsafe Structures: 292 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-307.1.1 Construction Excavations: 293 A construction excavation where no work has been done within the past six months shall be deemed unsafe and shall be subject to the same requirements, penalties and procedures as applicable to unsafe structures under this Section, unless the developer or property owner:
1. Submits a report to the Department from a professional engineer registered in the Commonwealth of Pennsylvania certifying that the excavation is safe;
2. Provides a suitable barrier to prevent trespass;
3. Maintains the site in a sanitary condition free from any trash or refuse; and
4. Provides a plan that explains, to the satisfaction of the Department, how the excavation site will be kept safe and secure.
PM-307.1.2 293.1
A vacant structure deemed unsafe pursuant to this Section for failure to secure it against entry shall be sealed with commercial-quality, 14 gauge, rust-proof steel security panels or doors, 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, when any of the following criteria have been met:
1. The structure is an LVCIP or FVRP subject to the requirements of PM-306.2.1;
2. A separate violation has been issued with respect to the structure for failure to secure it against entry;
3. The Department determines that the structure is especially hazardous based on any of the following factors: there is evidence of unauthorized entry into the structure, based on complaints, police information or records, or physical evidence; the property is located in an area with a high rate of crime connected to vacant buildings or lots, based on statistical crime numbers or consultation with the corresponding police district; the structure creates a significant fire hazard, due to its noncompliance with Fire Code requirements, condition, materials, size, or proximity to residential housing; and any additional factors identified by the Department. The Department may convene or utilize a task force to review relevant evidence and make recommendations to the Department. A notice, order, or other action made pursuant to this Section may be appealed pursuant to A-803 by the property's owner, a neighboring resident, the representative of a neighborhood nonprofit or community group, or any other aggrieved person.
PM-307.2 Unsafe installations, systems and equipment: 294 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-307.3 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-307.4 Notice: 295 If an unsafe or unfit condition is found, the code official shall serve on the owner, managing 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: 296 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: 297 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: 298 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.
Notes
| 292 | Amended, Bill No. 020310 (approved June 26, 2002). |
| 293 | Added, Bill No. 060340 (approved September 14, 2006). Enrolled bill numbered this as Section PM-307.1.2; renumbered by Code editor. |
| 293.1 | Added, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 294 | Amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
| 295 | Amended, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. Amended, Bill No. 090834 (approved April 28, 2010). |
| 296 | Amended, Bill No. 000025 (approved May 16, 2000). Section 2 of Bill No. 000025 provided that the amendments were effective July 1, 2000. |
| 297 | Added, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
| 298 | Added, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
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-308.1.1 298.1 A structure that qualifies as an LVCIP subject to the requirements of PM-306.2.1 that is a significant fire hazard shall be deemed imminently dangerous. The Department shall promulgate such regulations, policies, or procedures as it may deem necessary to aid in the administration and enforcement of this section.
PM-308.2 Notice: 299 If an imminently dangerous condition is found, the code official shall serve on the owner, managing 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-308.3 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: 300 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-308.7 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.
PM-308.7.1 Work schedules: 301 As part of the application process to secure a building permit to abate an imminently dangerous condition, the applicant shall provide a schedule to the code official. The code official shall have the authority to accept or reject the work schedule. The work schedule shall contain:
1. The date work will commence to abate the condition.
2. The name, address and phone number of the contractor who will abate the dangerous condition.
3. Incremental phases which include work to be performed and time estimates for completion within each phase.
4. The date all work for bringing the property into code compliance is to be completed.
PM-308.7.1.1 Failure to maintain work schedule: 302 In the event that the work does not conform to the approved work schedule, the permit shall be revoked.
Notes
| 298.1 | Added, Bill No. 120229-AA (approved June 27, 2012), effective July 27, 2012. |
| 299 | Amended, Bill No. 090834 (approved April 28, 2010). |
| 300 | Amended, Bill No. 000025 (approved May 16, 2000). Section 2 of Bill No. 000025 provided that the amendments were effective July 1, 2000. |
| 301 | Added, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
| 302 | Added, Bill No. 030774 (approved December 31, 2003). See note 235 for effective date provisions. |
Emergency Nuisance Abatement Area: Any ward or part of a ward of the City determined by City Council to contain such a great number of abandoned properties constituting unsafe structures or unfit dwellings as defined in Section PM-307.0 or unsafe lots as defined in Section PM-309.4, that traditional abatement methods have been unsuccessful and that resulting neighborhood blight and deterioration are so widespread and unchecked that an emergency exists.
Abandoned Property: A dwelling or vacant lot which has been determined by the Department of Licenses and Inspections to have been unoccupied for one year or more, and against which there are outstanding municipal liens, or the owner of which is delinquent in the payment of Real Estate Taxes, Water and Sewer Rents, or other municipal claims. For purposes of this definition, a lot shall be considered vacant and unoccupied if no structure is built thereon and no lawful, productive activity has been conducted on the lot with the owner's authorization within the past twelve (12) months.
Gift Property Program: The program operated by the Vacant Property Review Committee under Chapter 16-400 of The Philadelphia Code.
PM-309.2 Emergency Nuisance Abatement Areas Enumerated: The following areas have been determined by City Council to constitute the Emergency Nuisance Abatement Areas to which Section PM-309.0 applies.
1. Third Ward.
2. Sixth Ward.
3. Eleventh Ward.
4. Twelfth Ward.
5. Thirteenth Ward.
6. Fourteenth Ward.
7. Sixteenth Ward.
8. Eighteenth Ward.
9. Nineteenth Ward.
10. Twentieth Ward.
11. Twenty-second Ward.
12. Twenty-fourth Ward.
13. Twenty-seventh Ward.
14. Twenty-eighth Ward.
15. Twenty-ninth Ward.
16. Thirty-second Ward.
17. Thirty-sixth Ward. 304
18. Thirty-seventh Ward.
19. Forty-third Ward.
20. Forty fourth Ward.
21. Forty-sixth Ward.
22. Forty-seventh Ward.
23. Forty-ninth Ward.
24. Fifty-first Ward.
25. Fifty-ninth Ward.
26. Sixtieth Ward.
27. First Ward. 305
28. Second Ward. 306
29. Thirty-ninth A Ward. 307
30. Thirty-ninth B Ward. 308
31. Fifth Ward. 309
32. Twenty-fifth Ward. 310
33. Thirty-first Ward. 311
34. Forty-fifth Ward. 312
PM-309.2.1 Additional Emergency Nuisance Abatement Areas: 313 In addition to the foregoing wards, with respect to vacant lots only, the following areas shall also constitute Emergency Nuisance Abatement Areas:
1. Ninth Ward.
2. Seventeenth Ward.
3. Reserved. 314
4. Reserved. 315
5. The Seventeenth, Eighteenth, Twentieth and Twenty-fourth Divisions of the Thirty-third Ward.
6. Reserved. 316
7. Seventh Ward.
8. Third, Eighth, Ninth and Thirteenth through Seventeenth Divisions of the Eighteenth Ward.
9. Twenty-third Ward.
10. First through Seventeenth, Nineteenth, and Twenty-first through Twenty-third Divisions of the Thirty-third Ward.
11. Fourteenth through Seventeenth, Twenty-second through Twenty-fourth and the Twenty-sixth Divisions of the Thirty-fifth Ward.
12. Second through Fourth, Sixth and the Seventh Divisions of the Forty-second Ward.
13. Thirtieth Ward.
14. Fortieth A Ward.
15. Fortieth B Ward.
16. Forty-eighth Ward.
17. Fourth Ward.
18. Twenty-first Ward.
19. Thirty-fourth Ward.
20. Thirty-eighth Ward.
21. Fifty-second Ward.
22. Forty-first Ward.
23. Fifty-fourth Ward.
24. Fifty-fifth Ward.
25. Sixty-second Ward.
26. Sixty-fourth Ward.
27. Reserved. 317
28. Fourth through Ninth, Twentieth, Twenty-third and Twenty-sixth Divisions of Fifty-seventh Ward.
29. First through Ninth, and Eleventh through Twenty-third Divisions of the Sixty-fifth Ward.
PM-309.3 Abatement agreement: The Department of Licenses and Inspections, after consultation with the Vacant Property Review Committee, is authorized to enter into Abatement Agreements with bona fide residents of the City in accordance with Sections PM-309.3.1 through PM-309.3.7.
PM-309.3.1 Correct conditions: The Agreement shall be a contract to correct the conditions resulting in an unsafe or unfit designation, any costs of which shall be charged, as the work is completed, to the owner of the abandoned property and collected by lien, in accordance with PM-309.3.3.
PM-309.3.2 Occupancy: 318 The contracting individual and members of his or her household shall enter and occupy an abandoned property dwelling meeting the requirements of Section PM-309.4, or, in the case of a vacant lot, the contracting individual or entity and his or her agents shall take such steps as may be necessary, all for the purpose of abating the unsafe or unfit conditions resulting from the vacancy of and the condition of the premises in accordance with the terms of an abatement plan entered into by the City and the contracting individual pursuant to Section PM-309.5. The terms of the abatement plan shall be incorporated into the Abatement Agreement.
PM-309.3.3 Consideration: Consideration for the services of the contracting individual in abating the unsafe or unfit conditions shall be solely limited to the City's promise to bring the property to Sheriff's Sale at the earliest practicable date; to bid at the Sheriff's Sale at the amount of all outstanding municipal liens and claims, including any liens resulting from the costs attributable to completed portions of the abatement plan; and to either:
1. Authorize the Commissioner of Public Property to make the property available for disposition through the Gift Property Program, for the purposes of which disposition the contracting individual shall be considered the first applicant; or
2. Compensate the contracting individual in the amount of any liens satisfied at Sheriff's Sale which are attributable to the Abatement Agreement if the City is an unsuccessful bidder, or if the owner of the abandoned property exercises his or her right to redeem it within statutory time limits.
PM-309.3.6 Indemnity: The contracting individual shall agree to indemnify and hold the City harmless from any damages, costs or other liabilities for any injuries to his or her person or property or to the person or property of any member of his or her household, or of their licensees or invitees, arising from any defective condition or work performed on the premises, or arising from any other causes whatsoever related to the occupancy or performance under the Abatement Agreement.
PM-309.4 Criteria: 319 In order for a property to be included in the Emergent Nuisance Abatement Program the following criteria shall be met:
1. The Property shall be located in an Emergency Nuisance Abatement Area;
2. The Department of Licenses and Inspections has determined pursuant to Section PM-307, that the property constituted an unsafe structure or unfit dwelling; or, in the case of a vacant lot, the Department has determined that a vacant lot is unsafe. For purposes of this Chapter, a lot is unsafe if it presents a hazard to the community because of existing violations of this Title 4.
3. The owner of the property has failed to comply, after proper notice, with any abatement order issued by the Department of Licenses and Inspections pursuant to Sections PM-306.0 and PM-307.0; or, with respect to a vacant lot, the Department has issued a notice to the owner of the lot stating that the Department has determined the lot to be unsafe, order the owner to abate the unsafe condition, and notifying the owner that the property is subject to the provisions of this Section, and the owner has failed to comply with such order.
4. The property is an abandoned property; and
5. The property shall be determined by the Gift Property Program, or its successor, to be structurally sound (in the case of a dwelling) and susceptible to rehabilitation.
PM-309.5 Abatement plan: Before entering into any Abatement Agreement with an applicant, the Gift Property Program, or its successor, shall agree with the applicant of an abatement plan to include: the nature and extent of repairs necessary to abate each condition on the subject premises causing the unsafe or unfit designation; the reasonable monetary value of the labor of the applicant and his or her agents and of the materials and services which will be required to cure each such condition; and a reasonable timetable for completing the abatement plan.
Notes
| 303 | Amended, Bill No. 980794 (approved December 30, 1998). |
| 304 | Amended, Bill No. 010369 (approved October 4, 2001). |
| 305 | Added, Bill No. 990605 (approved November 8, 1999). |
| 306 | Added, Bill No. 990605 (approved November 8, 1999). |
| 307 | Added, Bill No. 990605 (approved November 8, 1999). |
| 308 | Added, Bill No. 990605 (approved November 8, 1999). |
| 309 | Added, Bill No. 990495 (approved November 8, 1999). Enrolled bill numbered this as subsection 27; renumbered by Code editor. |
| 310 | Added, Bill No. 020119 (approved May 1, 2002). |
| 311 | Added, Bill No. 020119 (approved May 1, 2002). |
| 312 | Added, Bill No. 020119 (approved May 1, 2002). |
| 313 | Added, Bill No. 010369 (approved October 4, 2001). |
| 314 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 315 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 316 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 317 | Amended, Bill No. 020119 (approved May 1, 2002). |
| 318 | Amended, Bill No. 980794 (approved December 30, 1998). |
| 319 | Amended, Bill No. 980794 (approved December 30, 1998). |
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