SECTION PM-307.0 UNSAFE AND UNFIT STRUCTURES AND EQUIPMENT

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-307.2.1 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: 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.