Section 9

Section 9. Any person or persons who may be now erecting or may desire hereafter to erect any house or building in such cities, and who may desire to erect therewith a party wall to be used in common by the person or persons erecting, and the owner or owners of the adjoining lot may apply to the said Bureau of Building Inspection of such cities signifying his or their intention to erect a party wall, and describing the location of his or their lot and the lot adjoining, partly upon which said party wall is to be erected, with the plans and specifications of the said proposed wall and the materials of which the same is to be built, whereupon it shall be the duty of the said Bureau of Building Inspection to appoint a time at which the Superintendent thereof, or some person by him authorized, will meet the party or parties upon the premises, not more than five days thereafter, of which application a copy, with notice of the time so appointed, shall be served by the said Bureau of Building Inspection upon the occupant of said lot at least three days before the time so fixed. If said lot is unoccupied the said notice shall be served upon the owner or one of the owners of the same, if he reside within the county in which such city is situate, at least forty-eight hours before the time fixed. Service thereof may be made either personally or by leaving a copy of the notice at the residence of the owner or occupant. If there be no owner or occupant resident in the said county, or if such owner be unknown such notice shall be posted upon the premises and shall be equivalent to a service. At the time appointed, the Superintendent of the said bureau, or some suitable person by him appointed, shall have the line dividing said lot properly surveyed by the bureau of engineering and surveys of such city, and the land upon which the said party wall is to be erected, with the breadth and length of the same, and which wall shall be equally one-half upon the land of each of the adjoining owners, unless the adjoining owners shall object that said wall as proposed is thicker than necessary for the purpose of any ordinary building. If such objection shall be made, then the said Superintendent, or the person by him appointed, shall determine how much of said wall shall be placed upon each of said lots, and shall decide the same within forty- eight hours after the said objection has been made, and his decision shall be final and conclusive upon all parties. The said party wall shall be erected by the party first building at his own cost, including the cost of survey, plans and specifications herein required, and when fully completed the cost of the same shall be ascertained by the said Superintendent, or his agent, who shall, at the same time, determine the proportion thereof to be paid by the adjoining owner of which he shall give a certificate to the builder, which certificate shall be conclusive of all matters therein contained: Provided, That at least forty-eight hours' notice shall be given by said Superintendent or his agent to the owner or owners or occupant of said adjoining lot before said certificate shall be given to the builder of the time and place when he may be heard with reference to the same. The owner or owners of said adjoining lot, his or their heirs, assigns or lessees, shall not use said party wall by building into or against it, or by in any way using it for any new building or structure, until he or they shall have paid to the first builder or builders, his heirs or assigns, the proportion of the cost of said wall as fixed by said Superintendent or his agent, or of so much of it as he may desire to use. Whenever any party wall shall become impaired in whole or in part, or whenever the same shall in whole or in part be unfit or unsafe for the purpose of erecting a new building or buildings upon the adjoining lot and the owner or owners of said wall, or any one of the same, shall desire to have said wall repaired or shall desire, in whole or in part, to tear down said wall and have erected a new party wall for the purpose of then erecting a new building, any one of the owners of said wall may apply, in writing, to the Bureau of Building Inspection, signifying to such bureau his or their desire in reference to said wall, and it shall thereupon be the duty of said Superintendent, or his authorized agent, to examine the same, having given notice as prescribed in this section when said examination shall take place, the said Superintendent, or his agent, shall, within six days after said application has been made, decide what, if any, alteration or repairs shall be made in said walls and whether it is necessary that the whole or any part, and if so, what part of said party wall shall be torn down and a new one erected for the purpose of new buildings which either party may then desire to erect, which decision, in writing, shall be final and conclusive upon all parties. The said Superintendent, or his agent, shall also determine in what proportion the cost of repairing or of tearing down part or the whole of the old wall and the erection of part or whole of the new wall shall be borne by the respective owners of said lots, which decision shall also be in writing and shall be conclusive upon all parties. It shall be the duty of any court of common pleas of the county within which such city is situate, on application made by the proper parties in interest, to enjoin and restrain any subsequent builder on the adjoining lot from cutting or breaking into or using said new party wall, or any part thereof, until he or they shall have first paid to the first builder, his heirs or assigns, his or their fair proportion of the cost of said party wall or of the cost of, in whole or in part, tearing down the old wall, or, in whole or in part, of erecting a new party wall, as said proportion shall have been estimated by the said Superintendent, or his lawful agent, of the said Bureau of Building Inspection. For the purpose of performing the duties enjoined by this section the said Superintendent and the proper officers of the said Bureau of Building Inspection and their assistants may, at all reasonable hours, enter upon any of the lands within said city for the purpose of performing the duties herein required. All of the necessary expense incurred in and about the performance of the duties named in this section, including the preparation of plans and specifications, survey and draughts, shall be borne and paid by the person or persons at whose instance and request the work shall be done, which expense may be computed in determining the final cost of such party wall. All sums of money so paid shall be returned to the city treasurer of such city by the public officer receiving the same. In all conveyances of houses and buildings the right to and compensation for the party wall built therewith shall be taken to have passed to the purchasers, unless otherwise expressed and reserved, and the owner of the house, for the time being, shall have all the remedies in respect to such party wall as he might have in relation to the house to which it is attached. All party walls authorized hereby shall be built solidly from the cellar bottom to the top of the fire wall.