(a)
|
Personal service, certified or registered mail. Such notice
shall be deemed to be properly served upon such owner if:
| |
i.
|
A copy thereof is personally delivered to the owner or other
responsible person; or
| |
ii.
|
A copy of the notice is left at the owner's usual place
of abode in the presence of someone in the family of suitable age
and discretion who shall be informed of the contents thereof; or
| |
iii.
|
A copy of the notice is sent by certified or registered mail,
return receipt requested, addressed to the owner at his or her last
known address; or
| |
iv.
|
Conventional commercial; or
| |
v.
|
Electronic transmission, except when prior to the electronic
transmission, a person subject to the property maintenance code expressly
opts out in writing of any future electronic delivery of documents.
| |
(b)
|
Posting and mailing. If service is not made under Subsection (a) above, or if the certified or registered letter is returned with receipt showing that it has not been delivered, service of any document hereunder shall be deemed to be properly served if:
| |
i.
|
A copy thereof is posted in a conspicuous place in or about
the structure or property affected by such notice; and
| |
ii.
|
A copy thereof is mailed to or left for the owner, the owner's
attorney, or the owner's appointed or authorized agent at the
agent's last known address. "Mailing" hereunder is deemed to
have occurred if said notice is mailed, via the United States Postal
Service, postage-prepaid, to the then last known address, and said
mail is not returned within 15 days from the date of mailing.
| |
(c)
|
Electronic notice and delivery. The City of Harrisburg, through
the Bureau of Codes, or any other department, bureau, or division
designated by the Mayor, may deliver documents in record form to an
address for email or other electronic communications supplied to the
City by the person until the person notifies the City in record form
that the person no longer wishes to have documents delivered to that
address. For the purposes of this chapter, documents shall include
any notice of violation or other matter, order, or other communication
regarding the property.
| |
(d)
|
Recognition of annual report filings. The City of Harrisburg
hereby adopts, recognizes, and incorporates by reference the required
annual report filings with the Pennsylvania Corporation Bureau by
any licensed or unlicensed entity doing business within the City of
Harrisburg, as provided in accordance with Pennsylvania Act No. 122
of 2022. Delivery by the City to any registered entity at any physical
or electronic address contained in the most-recent required annual
report on file with Corporation Bureau shall be deemed to satisfy
any notice obligation of the City for any violation, obligation, order,
decision, or notice of the City under this chapter.
| |
(e)
|
Recognition of information filed under Federal Corporate Transparency
Act. The City of Harrisburg hereby recognizes and authorizes reliance
on filings made with the Financial Crimes Enforcement Network ("FinCEN"),
as part of any Beneficial Ownership Information Reporting. Delivery
by the City to any registered entity at any physical or electronic
address contained in the most-recent required Beneficial Ownership
Information Report on file with FinCEN shall be deemed to satisfy
any notice obligation of the City for any violation, obligation, order,
decision, or notice of the City under this chapter.
|
§ 110.5.1 Application for building/demolition
permit. An application for a building/demolition permit must
be submitted to the Bureau of Codes of the City of Harrisburg.
| ||
§ 110.5.2 Approval of Codes Administrator. All work shall meet with the Codes Administrator's or designee's
approval before authorization to proceed is granted. All demolition
work shall follow all guidelines set forth hereunder as amended for
the purposes of demolition pursuant to the act of renovation or restoration
of a structure.
| ||
§ 110.5.3 General.
| ||
(a)
|
Where applicable, federal and commonwealth laws, rules and regulations
governing any and all phases of the demolition work shall be observed
at all times. This includes, but is not limited to, work safety rules,
asbestos abatement, lead abatement or abatement of any environmental
hazard.
| |
(b)
|
No structure or part thereof, or any floor of temporary support,
or scaffold, sidewalk shed or bridge, or any device or equipment shall
be loaded in excess of the safe carrying capacity which shall never
be considered more than 1/3 of its ultimate structural strength.
| |
(c)
|
Where applicable, walkways and passageways shall be provided
for the use of the workers, who shall be instructed to use them, and
all such walkways and passageways shall be kept adequately lighted
and free from debris and other materials.
| |
(d)
|
Where applicable, protruding nails in any kind of lumber shall
be withdrawn, hammered in, or bent over as soon as such lumber is
removed from the structure being demolished, and all nail-bearing
lumber shall be placed in piles for future removal.
| |
(e)
|
On every demolition job, danger signs shall be conspicuously
posted around the property, and all doorways and thoroughfares giving
access to the property shall be kept barricaded except during the
actual passage of workers or equipment.
| |
(f)
|
Where applicable, during the hours of darkness, red lights or
flares shall be placed on or about all barricaded public ways.
| |
(g)
|
It shall be the responsibility of the person/persons issued
the building permit to take the measures necessary to ensure the public
safety around the site where the work is being done until all work
is completed.
| |
(h)
|
It shall be the responsibility of the person/persons issued
the building permit to repair any damage that may occur to adjacent
public or private property as a result of demolition or construction
activity.
| |
§ 110.5.4 Site preparation.
| ||
(a)
|
Written notice of the proposed work shall be provided to the
adjacent property owner and their tenants one week prior to the beginning
of the work.
| |
(b)
|
Any structural damage that would cause those working in or around
the site undo risk, shall be shored or braced in accordance with accepted
engineering practice before work at the site may begin.
| |
(c)
|
All affected utilities (gas, electric, telephone, water, sewer,
and cable) shall be either disconnected or properly protected so as
not to cause harm to workers, the public or property.
| |
(d)
|
All floor openings and shafts not used for material chutes shall
be floored over or enclosed with guardrails and toe boards.
| |
§ 110.5.5 Removal of materials.
| ||
(a)
|
No materials shall be dropped by gravity to any point lying
outside the exterior walls of the building except through enclosed
wooden or metal chutes.
| |
(b)
|
Proper precautions shall be taken to prevent workers from falling
into the loading end of the chute.
| |
(c)
|
Proper precautions shall be taken to prevent anyone from being
hit by flying debris on the discharge end of the chute.
| |
(d)
|
Debris shall be removed from the job site to an approved disposal
site in a timely manner.
|
§ 110.6.1 Application for building/demolition
permit. An application for a building/demolition permit must
be submitted to the Bureau of Codes of the City of Harrisburg.
| ||
§ 110.6.2 Approval of Codes Administrator. All work shall meet with the Codes Administrator's or designee's
approval before authorization to proceed is granted. All demolition
work shall follow all guidelines set forth hereunder as amended for
the purposes of demolition of structures three stories above grade
or less.
| ||
§ 110.6.3 General.
| ||
(a)
|
Where applicable, federal and commonwealth laws, rules and regulations
governing any and all phases of the demolition work shall be observed
at all times. This includes, but is not limited to, work safety rules,
asbestos abatement, lead abatement, or abatement of any environmental
hazard.
| |
(b)
|
On every demolition job, danger signs shall be conspicuously
posted around the property, and all doorways and thoroughfares giving
access to the property shall be kept barricaded except during the
actual passage of workers or equipment.
| |
(c)
|
Where applicable, during the hours of darkness, red lights or
flares shall be placed on or about all barricaded public ways.
| |
(d)
|
It shall be the responsibility of the person/persons issued
the building permit to take the measures necessary to ensure the public
safety around the site where the work is being done until all work
is completed.
| |
(e)
|
It shall be the responsibility of the person/persons issued
the building permit to repair any damage that may occur to adjacent
public or private property as a result of demolition or construction
activity.
| |
§ 110.6.4 Site preparation.
| ||
(a)
|
Written notice of the proposed work shall be provided to the
adjacent property owner and their tenants one week prior to the beginning
of the work.
| |
(b)
|
Any structural damage that would cause those working in or around
the site undo risk, shall be shored or braced in accordance with accepted
engineering practice before work at the site may begin.
| |
(c)
|
All affected utilities (gas, electric, telephone, water, sewer,
and cable) shall be either disconnected or properly protected so as
not to cause harm to workers, the public or property.
| |
(d)
|
Where applicable, glazed sash and glazed doors and other glass
shall be removed before other demolition work is started.
| |
(e)
|
All excess materials and rubbish shall be removed and disposed
of property.
| |
(f)
|
All areas of the structure, including the basement shall be
cleaned out, removing all trash, debris, equipment, and all other
materials not suitable for backfilling. Basement floors shall be broken
up and removed.
| |
(g)
|
All trees and stumps shall be removed from the site at the direction
of the City. Stumps and root systems shall be removed or chipped to
a minimum of six inches below finished grade. Trees marked by the
City for preservation shall be protected against damage at all times
during the demolition.
| |
(h)
|
Any wells, cisterns or cesspools shall be disinfected and pumped
out and filled to adjacent grade level in the manner hereinafter prescribed
for backfilling.
| |
§ 110.6.5 Party walls.
| ||
(a)
|
The term "party wall" means a wall built on the dividing line
between adjoining buildings for their common use.
| |
(b)
|
Whenever a building or other structure on one side of a party
wall is removed, such party wall shall be maintained in a safe, weatherproof
condition by and at the expense of the person causing the building
or structure to be removed. Temporary or permanent bracing shall be
provided as necessary for maintaining the stability of such party
wall or adjoining building whenever such stability is endangered by
the removal of a building or other structure or part thereof.
| |
(c)
|
The newly exposed face of the party wall is to be made as plumb
and even as possible. In the case of a brick or masonry wall, open
beam holes and other voids shall be closed with approved masonry.
The courses shall be cut flush and the wall cement pargeted with approved
materials. Frame or wood stud party walls shall be covered in the
following manner: the wall shall be cut as close to the wood framing
members as possible to create a flush, perpendicular face. The lathe
and plaster exposed on the side of the party wall being demolished
may remain in place if soundly anchored. Plywood sheeting of not less
than 3/8 inch thickness will be affixed to such wall as in standard
building practice. The exposed party wall will then be faced with
approved facing material.
| |
(d)
|
The existing structure and architecture of the surrounding area
will determine the type of exterior facing or siding material. The
material to be utilized will be determined by the Codes Administrator
or designee.
| |
(e)
|
Where a chimney exists in a party wall between the building
to be removed and the building to remain, the person causing the demolition
work shall make certain the chimney is made sound and weather-tight.
The chimney is to be cement pargeted and made to present an attractive
appearance.
| |
(f)
|
Special attention shall be given to the damp-proofing of party
foundation walls. Such walls are to be damp-proofed in the manner
prescribed for new construction. Foundation portions of party walls
that are above grade are to be capped with concrete in such a manner
that a drainage slope cape is provided.
| |
(g)
|
Special care will be given to the grading of the newly created
lot. It shall be made certain that the grade is sloped in such a manner
that surface water will drain away from the newly exposed foundation
party wall.
| |
(h)
|
Where no foundation wall exists between the structure to be
removed and the structure to remain, it shall be the responsibility
of the person causing the demolition to build a suitable concrete
block foundation wall. Such wall is to be damp-proofed as in new construction.
The wall is to be erected in such a manner that the floor beam will
rest securely upon the wall.
| |
(i)
|
The person causing the demolition work shall make certain the
roof covering and roof drainage system along the party wall is repaired
or replaced as in new construction. This shall include flashing, drip-edge
plates, gutters, and rainwater conductors as required.
| |
§ 110.6.6 Demolition. All full structure
demolition shall be from the roof down to the basement. No materials
shall be allowed to accumulate within the basement area during demolition.
All walls with the exception of party walls shall be demolished, including
foundation walls not supporting party walls that are to remain. When
deemed necessary by the Codes Administrator or designee, the demolition
contractor shall be required to water soak the building being removed
in order to control dust and dirt.
| ||
§ 110.6.7 Removal of debris. All debris
shall be removed from the job site to an approved disposal site.
| ||
§ 110.6.8 Backfilling.
| ||
(a)
|
Existing sewer lines shall be capped and inspected prior to
backfilling the area.
| |
(b)
|
No unstable, combustible, metal, biodegradable plaster, or mortar
material will be permitted to be used as fill.
| |
(c)
|
From three feet below grade to grade level, the materials used
as fill must be nonbiodegradable and be no larger than six inches
by six inches by six inches in size.
| |
(d)
|
Final grading and surfacing shall be done in such a manner so
as to take into consideration natural settlement of the materials
utilized.
| |
(e)
|
Final grading shall be accomplished so as to prevent surface
water run-off in any amount.
|
§ 110.7.1 Application for building/demolition
permit. See Section 110.6.1 of this Code.
| ||
§ 110.7.2 Approval of Codes Administrator. See Section 110.6.2 of this Code.
| ||
§ 110.7.3 General. See Section 110.6.3
of this Code.
| ||
§ 110.7.4 Site preparation.
| ||
(a)
|
Written notice of the proposed work shall be provided to the
adjacent property owner(s) and any tenants one week prior to the beginning
of the work.
| |
(b)
|
Any structural damage that would cause those working in or around
the site undo risk shall be shored or braced in accordance with accepted
engineering practice before work at the site may begin.
| |
(c)
|
All affected utilities (gas, electric, telephone, water sewer
and cable) shall be disconnected and verified by supervisor on site
prior to the start of demolition.
| |
(d)
|
Where applicable, glazed sash and glazed doors and other glass
shall be removed before other demolition work is started.
| |
(e)
|
All excess materials and rubbish shall be removed and disposed
of properly.
| |
(f)
|
When deemed necessary by the Codes Administrator or designee,
the person/persons effecting the demolition may be required to build
side sheds and/or fences to protect the public from harm during demolition.
| |
§ 110.7.5 Party walls. See Section 110.6.5
of this Code.
| ||
§ 110.7.6 Demolition.
| ||
(a)
|
All full structure demolition shall be from the roof to the
foundation.
| |
(b)
|
The structural or load supporting members on any floor shall
not be cut or removed until all stories above the floor have been
demolished and removed.
| |
(c)
|
In buildings of skeleton construction, the steel framing may
be left in place during the demolition of masonry work. Where this
is done, all steel beams, girders and the like shall be cleared of
all loose materials as the masonry work progresses downward.
| |
(d)
|
At the completion of each day's work, all remaining walls
shall be left stable and in no danger of collapse.
| |
(e)
|
Foundation walls which serve as retaining walls to support adjoining
structures shall not be demolished until such adjoining structures
have been underpinned or braced and earth removed or supported by
sheet piling or sheathing.
| |
(f)
|
In demolition of brick or masonry chimneys that cannot safely
be toppled or dropped, all materials shall be dropped down on the
inside of such chimney.
| |
(g)
|
Construction sheds and toolboxes shall be so located as to protect
workers from the danger of falling walls and other falling objects.
| |
(h)
|
When deemed necessary by the Codes Administrator or designee,
the demolition contractor shall be required to water soak the structure
being removed in order to control dust and dirt.
| |
§ 110.7.7 Alternate methods. The provisions
of this chapter are not intended to prevent the use of alternate methods
of demolition not specifically prescribed, provided that any such
alternate method has been approved. An alternate method shall be approved
when the Codes Administrator or designee finds such method is satisfactory
and complies with the intent of this Code insofar as adequate protection
to the public, adjoining structures, municipal and public utility
systems, and environment are concerned.
| ||
§ 110.7.8 Removal of debris. See Section
110.6.7 of this Code.
| ||
§ 110-.7.9 Backfilling. See Section 110.6.8
of this Code.
|
§ 111.1.1 Disorderly property. A "disorderly property" is any house, room, premises, or nonresidential
property to which either three felony responses, five misdemeanor
responses or 10 summary responses have been made within any one-year
period from the date of the first response by law enforcement officers,
ambulance, or other emergency services. For the purposes of this section,
"felony responses" shall mean any response for an act which would
constitute a felony offense under any state, federal or local law,
as defined by that law. For the purposes of this section, "misdemeanor
responses" shall mean any response for an act which would constitute
a misdemeanor offense under any state, federal or local law, as defined
by that law. For the purposes of this section, "summary responses"
shall mean any response for an act which would constitute a summary
offense under any state, federal or local law, as defined by that
law. "Summary responses" shall also include any criminal medical responses
not otherwise covered by any of the above definitions. For the purposes
of this section, the determination of a felony, misdemeanor or summary
response shall be made at the time of the call and shall be classified
as it would appear to a reasonable law enforcement officer or other
skilled emergency worker, based on the preponderance of the evidence
available to the officer or worker at the time the call was made.
The existence of a disorderly property shall constitute a per se public
nuisance.
|
§ 111.2.1 Appeal. The owner
of the property or any person aggrieved by a notice issued by the
Codes Administrator may appeal such notice, within 10 business days
of the receipt thereof, to the Building and Housing Code Board of
Appeals. Any person aggrieved by any decision issued by the Building
and Housing Code Board of Appeals may take a further appeal in accordance
with Pennsylvania's Local Agency Law, 2 Pa.C.S. § 105,
et seq. The Building and Housing Code Board of Appeals shall hear
the parties, their witnesses and counsel and shall make such findings
as supported by substantial record evidence. The Building and Housing
Code Board of Appeals may, but is not required to, view the property,
premises, building, business, or occupation before issuing its finding
and may use said viewing in its decision.
|
§ 111.3.1 Removal of placard. Following a period of six months after the revocation of permits
and the placarding of a public nuisance property, the property owner
may file an application with the Building and Housing Code Board of
Appeals for the reissuance of all applicable permits and the removal
of any placard, which application shall not be unreasonably denied.
|
(a)
|
Roots are getting into water or sewer lines or causing structural
damage; or
|
(b)
|
The tree is infected or diseased; or
|
(c)
|
The tree is dead; or
|
(d)
|
Primary roots are lifting sidewalks/pavement up more than six
inches; or
|
(e)
|
Other circumstances based on approval by the Codes Administrator
or an appointed designee.
|
§ 308.1.1 Notwithstanding
the authority of the Bureau of Codes to administer and enforce the
Code, the Mayor is hereby authorized to designate the Department of
Public Works to administer and enforce this section related to rubbish
or garbage and all provisions throughout the Codified Ordinances related
to rubbish or garbage and the enforcement thereof.
|
i.
|
Floors and walls are water-tight so as to prevent entry of moisture;
and
|
ii.
|
Total window area, total openable window area and ceiling height
are in accordance with this code; and
|
iii.
|
Required minimum window area of every habitable space is entirely
above the grade adjoining such window areas; and
|
iv.
|
Means of egress and emergency escape are provided in accordance
with this code.
|
Exceptions:
| |
i.
|
Processing, storage, and operation areas that require cooling
or special temperature conditions;
|
ii.
|
Areas in which persons are primarily engaged in vigorous physical
activities.
|