SECTION PM-110 IMMINENTLY DANGEROUS STRUCTURES

PM-110.1 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-110.1.1 Imminently dangerous shared retaining wall: Consistent with Section A-601.3(14), imminently dangerous shared retaining walls shall be subject to the Basic Fines set forth in subsection A-601.1 of The Philadelphia Code and shall not be subject to additional heightened fines. An imminently dangerous shared retaining wall is one that: (a) has two or more separate owners that, as determined by the Department of Streets, are responsible parties for a retaining wall; and (b) is, in the opinion of the code official, in imminent danger of failure or collapse.  425

PM-110.2 Notice: 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-110.2.1 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-110.3 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-110.4 Disregard of notice: 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 code official proceeds to demolish any structure whether by contract or by its own employees, the contract or the code official 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 the code official 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 code official 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 code official 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-110.5 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-110.6 Costs of emergency repairs: Where the code official incurs costs of emergency repairs whether by itself or by contract, such costs shall be charged to the owner. The code official shall, with the approval of the Law Department, collect such costs from the owner by lien or otherwise.

PM-110.7 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-110.7.1 Work schedules: 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-110.7.1.1 Failure to maintain work schedule: If the work does not conform to the approved work schedule, the permit shall be revoked.

 

Notes

425	Added, Bill No. 230647 (approved December 13, 2023).