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PM-902.1 FVRPs and LVCIPs. Except as otherwise provided in this subsection, 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 code official 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-902.2. 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 as required by this Section PM-902.
PM-902.3 Large Vacant Commercial or Industrial Property ("LVCIP") and Foreclosed Vacant Residential Property ("FVRP"). 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 code. Where an LVCIP or FVRP does not comply with the requirements of this code, its owner shall promptly cause appropriate remediation to be undertaken.
PM-902.4 Designation of Property Manager: 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 Section PM-902.3. 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-902.5. The owner of an LVCIP or FVRP shall immediately register such property with the code official on a form provided by the code official. 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 Section PM-902.3 and such other information the code official deems appropriate. The owner of an LVCIP or FVRP shall, in the manner and time set forth in subsection 9-3902(6)(c), inform the code official of any change in the foregoing required information. Registration of an LVCIP pursuant to this subsection 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-902.6 Documentation of Inspections. The code official may require an owner or a property manager to provide documentation, satisfactory to the code official, of performance of the inspections and any remediation under Section PM-902.3.
PM-902.7 Posting. 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 Section PM-902.3, 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-902.8 Violations. With respect to an LVCIP or FVRP, any of the following shall constitute a violation of this Section PM-902, and shall be in addition to any other violation of this Code:
1. Failure to correct any violation of this code 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 Section PM-902.3.
PM-902.9 Notice. Where the code official determines that any vacant building is in violation of this Section PM-902, 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 Section PM-902.1. Such notice shall be in addition to a notice, if any, designating a property as a blighting problem.
PM-902.11 Compliance. The owner of any vacant building which is in violation of this subsection shall, upon written notice, either eliminate the violation(s) or demolish the building. Where immediate compliance is not feasible, the owner shall notify the code official in writing within 10 days of the notice served by the code official 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-902.12 Penalties. If the owner does not comply with the notice or fails to correct the conditions specified in the code official's notice within the required period of time, the owner shall be subject to penalties set forth in the Philadelphia 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 Section PM-902.9. As provided in Section A-601.4, 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-902.13 Abatement. If the owner does not comply with the order of the code official to correct the conditions prohibited by this subsection, the code official 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.
PM-902.14. A vacant structure deemed unsafe pursuant to this subsection 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 code official 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 this Section PM-902;
2. A separate violation has been issued with respect to the structure for failure to secure it against entry; or
3. The code official 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 code official. The code official may convene or utilize a task force to review relevant evidence and make recommendations to the code official. A notice, order, or other action made pursuant to this subsection 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-902.15. A structure that qualifies as an LVCIP subject to the requirements of this Section PM-902 that is a significant fire hazard shall be deemed imminently dangerous. The code official shall promulgate such regulations, policies, or procedures as it may deem necessary to aid in the administration and enforcement of this subsection.