Pittsburg Ordinance: Deteriorated Fences/Retaining Walls Section 302.7

Pittsburg Ordinance: Deteriorated Fences/Retaining Walls Section 302.7

Fences and retaining walls are essential structures in urban landscapes, providing privacy, security, and soil stabilization. In Pittsburgh, Pennsylvania, these structures are subject to specific regulations outlined in Section 302.7 of the city's Property Maintenance Code (PMC). This comprehensive guide explores the legal framework surrounding deteriorated fences and retaining walls in Pittsburgh, offering insights into compliance, enforcement, and the broader implications for property owners and the community at large.

Historical Context and Legal Background

The regulation of fences and retaining walls in Pittsburgh is rooted in the city's commitment to public safety and urban aesthetics. As Pittsburgh evolved from an industrial powerhouse to a modern metropolis, the need for comprehensive property maintenance standards became increasingly apparent. The Property Maintenance Code, which includes Section 302.7, is part of a broader set of ordinances designed to ensure the structural integrity and visual appeal of the city's built environment.

Historically, retaining walls have played a crucial role in Pittsburgh's topography, given the city's hilly terrain. Many neighborhoods feature steep slopes that require retaining walls to prevent soil erosion and create level building sites. The importance of these structures is underscored by legal cases such as Commonwealth of Pennsylvania v. J. Garry, where the collapse of a retaining wall led to significant legal proceedings.

Current Legal Framework

The current legal framework governing deteriorated fences and retaining walls in Pittsburgh is primarily based on Section 302.7 of the Property Maintenance Code. This section falls under the broader category of accessory structures and is enforced alongside other related ordinances.

Applicable Laws and Regulations

Section 302.7 of the Pittsburgh Property Maintenance Code states that "All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair." This concise yet comprehensive requirement forms the cornerstone of the city's approach to fence and retaining wall maintenance.

The enforcement of this ordinance is supported by other sections of the Pittsburgh Code of Ordinances, such as Section 1004.02, which has been referenced in legal cases related to property maintenance violations. These interconnected regulations create a robust framework for ensuring the safety and integrity of accessory structures throughout the city.

Relevant Regulatory Bodies

The primary agency responsible for enforcing Section 302.7 and related ordinances is the Pittsburgh Department of Permits, Licenses, and Inspections (PLI). This department oversees code enforcement and conducts inspections to ensure compliance with property maintenance standards.

Residents can report potential violations or concerns about deteriorated fences or retaining walls through the city's 311 Response Center. This can be done by calling 311 within the city limits, or 412-255-2621 from outside the city. Additionally, an electronic complaint form is available for filing reports.

Key Components and Concepts

Understanding the key components of Section 302.7 is crucial for property owners and residents alike. The ordinance focuses on two main aspects:

1. Structural Soundness: Fences and retaining walls must be maintained in a structurally sound condition. This means they should be capable of withstanding normal loads and environmental factors without risk of collapse or failure.
2. Good Repair: The ordinance requires that these structures be kept in good repair. This encompasses a range of maintenance activities, from addressing minor damage to preventing deterioration that could lead to more significant issues.

It's important to note that while the ordinance sets the standard for maintenance, it does not provide specific technical guidelines for construction or repair. Property owners are expected to adhere to relevant building codes and engineering principles when constructing or repairing these structures.

Rights and Responsibilities

Property owners in Pittsburgh have both rights and responsibilities when it comes to fences and retaining walls:

Property Owner Responsibilities

1. Maintenance: Owners are responsible for regularly inspecting and maintaining their fences and retaining walls to ensure compliance with Section 302.7.
2. Repairs: When deterioration is identified, property owners must promptly address the issues to bring the structure back into compliance.
3. Permit Compliance: For new construction or significant repairs, property owners may need to obtain appropriate permits. According to the Ergeon guide on fence laws in Pittsburgh, fences up to 6 feet in height typically require only a zoning permit, while taller structures may need both zoning and building permits.

Property Owner Rights

1. Due Process: In cases of alleged violations, property owners have the right to due process, including the opportunity to address the issues before facing penalties.
2. Appeals: If a property owner disagrees with a citation or enforcement action, they have the right to appeal the decision through appropriate channels.
3. Information Access: Property owners have the right to access information about the regulations and standards that apply to their structures.

Common Issues and Challenges

Several common issues arise in the context of deteriorated fences and retaining walls in Pittsburgh:

1. Aging Infrastructure: Many of Pittsburgh's neighborhoods feature older retaining walls that may be approaching the end of their functional lifespan, leading to increased maintenance challenges.
2. Soil Instability: The city's hilly terrain can contribute to soil instability, placing additional stress on retaining walls and potentially accelerating deterioration.
3. Weather-Related Damage: Pittsburgh's climate, with its freeze-thaw cycles and occasional heavy rainfall, can exacerbate wear and tear on fences and retaining walls.
4. Unclear Ownership: In some cases, particularly with retaining walls between properties, determining responsibility for maintenance can be challenging.
5. Cost of Repairs: The expense associated with repairing or replacing large retaining walls can be significant, potentially leading to delays in addressing deterioration.

These challenges underscore the importance of regular maintenance and prompt attention to emerging issues to prevent more serious structural problems.

Recent Developments and Proposed Changes

While there have not been significant recent changes to Section 302.7 itself, the enforcement and interpretation of property maintenance codes in Pittsburgh continue to evolve. Legal cases, such as the one documented in the Commonwealth Court of Pennsylvania's decision, provide ongoing clarification on how these ordinances are applied in practice.

Additionally, there is growing awareness of the importance of retaining wall maintenance in the context of urban resilience and climate adaptation. As extreme weather events become more frequent, the structural integrity of these walls becomes increasingly critical for public safety and property protection.

Resources for Further Information

For property owners and residents seeking more information about fence and retaining wall regulations in Pittsburgh, several resources are available:

1. Pittsburgh Department of Permits, Licenses, and Inspections: The official website provides information on code enforcement and permit requirements.
2. 311 Response Center: This service allows residents to report potential code violations or seek information about city ordinances.
3. Pittsburgh Code of Ordinances: The full text of city ordinances, including the Property Maintenance Code, is available online.
4. Allegheny County Bar Association: This organization can provide referrals to attorneys specializing in property law and local ordinances.
5. Pittsburgh Neighborhood Community Information System: This resource offers property-specific information, including code violation history.

By understanding and adhering to Section 302.7 and related ordinances, property owners can contribute to the safety and aesthetic quality of Pittsburgh's neighborhoods while avoiding potential legal issues. Regular maintenance and prompt attention to deterioration not only ensure compliance but also protect the value and integrity of the property and surrounding areas.