1. Definitions. For purposes of this Section, the following terms shall have the following meanings:
Department. The Department of Licenses and Inspections.
Qualifying Multi-Family Building. A residential building that has a Household Living Use pursuant to subsection 14-601(2)(a)(.3) of the Philadelphia Zoning Code and, in which, a public nuisance is present.
Qualifying Vacant Single-Family Building. A residential building that has been unoccupied for one year or more, has a Household Living Use pursuant to subsection 14-601(2)(a)(.1) of the Philadelphia Zoning Code and, in which, the presence of a public nuisance is significantly impacting a neighboring property.
2. A significant violation of one or more of the following Sections of the Philadelphia Property Maintenance Code shall be considered a public nuisance: 365.3
a. Section PM-504.3: Plumbing Systems – Hazards;
b. Section PM-506.1: Plumbing Systems – Sanitary Drainage;
c. Section PM-506.2: Plumbing Systems – Sanitary Maintenance;
d. Section PM-602.2: Mechanical & Electrical – Heating Residential;
e. Section PM-602.3: Mechanical – Heating Residential Temp;
f. Section PM-603.1: Mechanical – Mechanical Equipment.
3. The Department may, by regulation, designate additional significant violations of the Philadelphia Property Maintenance Code that shall be considered public nuisances and have the same effect as significant violations listed in Section PM-906 2. of this Code.
4. Owners and authorized agents of Qualifying Multi-family Buildings and Qualifying Vacant Single-Family Buildings are required to immediately repair any public nuisance listed in Section PM-906 2. of this Code, after being provided with service of reasonable notice of the public nuisance.
5. Failure to repair any such public nuisance within one (1) month of provision of reasonable notice of the existence of the public nuisance, including a summary of the repairs to be completed, shall authorize the Department to cause the public nuisance to be repaired.
a. If, at the time of the notice, the owner or authorized agent of the Qualifying Multi-Family Building or Qualifying Vacant Single-Family Building is engaged in a good-faith effort to repair the public nuisance at least as soon as it could be corrected by the Department, the Department shall not commence any repairs unless and until the owner or authorized agent interrupts or ceases the repairs or the Department determines that emergency repairs or temporary safeguards are required.
6. The owner shall be responsible for, and shall be billed for, all expenses incurred by the Department pursuant this Section PM-906, which, after a period of non-payment of thirty (30) days, shall be filed as a lien against the property.
Notes
| 365.2 | Added,
Bill No. 210205 (became law November 18, 2021), effective November 18, 2022. |
| 365.3 | Enrolled bill used the prefix "PM15-" in the following six subsections; revised as "Section PM-" by Code editor. |