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SECTION PM-308.0  IMMINENTLY DANGEROUS STRUCTURES
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-308.2.1 Immediate hazard: Where the code official determines that a condition exists which creates a hazard to life or property requiring immediate action, an immediate oral order shall have the full effect of the subsequent written order.
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-308.5 Closing streets: When necessary for the public safety, the code official shall order the temporary closing of structures, sidewalks, streets, public ways and places adjacent to dangerous structures, and prohibit the same from being used.
PM-308.6 Costs of emergency repairs: Where the Department incurs costs of emergency repairs whether by itself or by contract, such costs shall be charged to the owner. The Department shall, with the approval of the Law Department, collect such costs from the owner by lien or otherwise.
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.