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Amending Title 4 of The Philadelphia Code ("The Philadelphia Building Construction and Occupancy Code") Subcode A, "The Philadelphia Administrative Code," Chapter 3 to amend Section A-303.2 to require notice of demolition to residents of neighboring properties; all under certain terms and conditions.

AI summary

The enacted measure requires the City’s Department of Licenses and Inspections to post notice and distribute informational bulletins to nearby properties before a structure is demolished by its owner or by the City. Notices generally must be distributed within 10 days of the demolition permit or demolition order and remain posted until demolition, with a limited exception for emergencies; the requirement does not give residents or property owners a legal right to sue.

File details

Status
ENACTED
Introduced
June 6, 2002
Sponsors
Darrell L. Clarke
View official record ↗

Full text

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 4 of The Philadelphia Code is hereby amended to read as follows:

TITLE 4

THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE

CHAPTER 4-200.0 TEXT OF SUBCODES

SUBCODE “A” (THE PHILADELPHIA ADMINISTRATIVE CODE)

CHAPTER 3 PERMITS

SECTION A-303.0 DEMOLITION AND RELOCATION OF STRUCTURES

A-303.2 Posting

and Notice:

Prior to the demolition of a structure by the owner thereof,

or demolition required by the Department of Licenses and Inspections,

the department shall post a notice

on the structure to be demolished and distribute an informational bulletin

indicating that the

City or

owner intends to demolish said structure.

The department shall distribute the informational bulletin to the front doors of the following properties:

1. The three nearest properties on each side of the subject property.

2. The seven nearest properties across the street from the subject property.

3. The seven nearest properties to the rear of the subject property.

The requirement to distribute an informational bulletin shall not create any actionable right for any resident or owner of the subject property or any neighboring property.

Exceptions:

1. In the event of an emergency which requires immediate action to protect the health or safety of the public,

which shall include any time the Department has served notice of a requirement to demolish an imminently dangerous structure under section PM-308.2 of this Title and demolition is carried out within 10 days of service by the Department of the notice requiring demolition; provided that the Department distributes the informational bulletin to any property abutting the property on which a structure is to be demolished.

A-303.2.1 Location and Time: The notice shall be posted by the department on each street frontage of the premises with which the notice is concerned,

and the informational bulletin distributed to neighboring properties

within [seven]

ten

days of the issuance to the owner of the building permit to demolish

or service by the Department of a notice requiring demolition or award of a demolition contract by the department

[, and].

Posted notices

shall remain [posted] until demolition of the structure, which shall not commence less than 21 days from the date of the issuance of the permit.

A-303.2.2 Content: Such

posted

notice shall be clearly visible to the public [, and].

All notices

shall contain the date on which actual demolition is permitted to commence.

___________________________________

Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End

File history

Sometimes city council's record keeping is not complete. This timeline reflects the information on the council's legistar website.
  1. Council actionMAYOR

    Signed

  2. Council actionCITY COUNCIL

    Read

  3. Council actionCITY COUNCIL

    Ordered placed on next week`s second reading calendar

    Council actionCITY COUNCIL

    Ordered placed on this day`s first reading calendar

    Council actionCITY COUNCIL

    Suspend the rules of the council

    Pass
  4. Council actionCommittee on Licenses and Inspections

    Reported favorably, rule suspension requested

    Council actionCommittee on Licenses and Inspections

    Amended

    Council actionCommittee on Licenses and Inspections

    Hearing notices sent

    Council actionCommittee on Licenses and Inspections

    Hearing held

  5. Council actionCITY COUNCIL

    Introduced

    Pass
    Council actionCITY COUNCIL

    Referred