§14-1704. Enforcement.
(1) In addition to the general duties and powers herein vested in the
Department to administer and enforce the provisions of this Title, the
Department shall have the power
to:
[369] (a) Conduct
investigations and surveys to determine compliance with the provisions of this
Title. In connection therewith, an authorized representative of the Department
may enter into and upon and cause any land or structure to be inspected and
examined during normal daylight working hours. A failure or refusal by the owner
or occupier to permit such entry and inspection after the issuance by the
Department of an order therefor shall constitute a violation of this Title. Such
right of entry and inspection may be enforced by application to, and proper
orders from, a court of proper jurisdiction.
(b) Make orders requiring
compliance with the provisions of this Title within 30 days of receipt of
violation. Such orders shall be served personally, or by registered or certified
mail upon the person, firm or corporation deemed by the Department to be
violating the provisions of this Title. If such person, firm or corporation is
not the owner of the land or the structure where the violation is deemed to
exist or to have occurred, a copy of the order shall be sent by registered or
certified mail to the last registered owner of such land or structure and a copy
thereof shall be posted on the premises. The date of mailing shall be deemed the
date of service of any order sent by registered or certified mail. If the order
is not complied with, a finding of violation shall be made and action begun to
enforce compliance.
(c) Serve written notice of violation on the holder
of a permit or Zoning Board of Adjustment certificate whenever the Department
determines that any person has violated any condition of such zoning permit, use
registration permit, or certificate. The notice shall state the nature of the
violation which exists and that compliance shall be achieved within 30 days of
receipt of the notice of violation with all of the requirements of such permits
or certificate. If at the expiration of the time afforded for compliance the
violation has not been corrected, the Department may revoke the permit or
certificate. The notice of violation and revocation of any permit or certificate
hereunder may be served in accordance with Paragraph (b)
above.
(d) Institute any appropriate action or proceedings in a Court
of Common Pleas or the County Court of Philadelphia at law or in equity to
prevent the unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use of any building, structure or land to restrain,
correct or abate such violation, to prevent the occupancy of said building,
structure or land, or to prevent any illegal act, conduct, business or use in or
about such premises. The imposition of any penalty hereunder shall not prevent
the Department from instituting any appropriate action or proceeding to require
compliance with the provisions of this ordinance and with administrative orders
and determinations made
hereunder.
[370] (2)
Cease
Operations
Orders[371] (a) General:
The Department is authorized to issue Cease Operations Orders directing that
occupancy, use and other activities cease immediately and that the premises be
vacated pending compliance with such orders whenever:
(.1) Any
occupancy, use or other activity is being performed in or on any building,
structure or land, or any part thereof, without required
permits.
(b) Orders by the Department:
(.1) The Cease
Operations Order shall describe the occupancy, use or other activity that is
being performed without required permits, the manner of correction and the
conditions under which occupancy, use or other activity can be resumed. If the
Department observes a condition which requires immediate action, the Order may
be oral in the first instance.
(.2) The Cease Operations Order shall
be served on the person from whom action, forbearance or compliance is required
and the owner of the premises. Upon notice of the Cease Operations Order, all
occupancy, use or other activity shall stop immediately and the premises shall
be vacated and closed to the public until there has been compliance with the
terms of the Cease Operations Order.
(.3) The Cease Operations Order
shall be posted at the premises in conspicuous places clearly visible to the
public. The Cease Operations Order shall remain posted on the premises until
there has been compliance with its terms.
(.4) The Department shall
promptly notify the Police of the issuance of every Cease Operations Order. The
Police, upon the request of the Department, shall render assistance in the
enforcement of any Cease Operations Order and shall have the right to enter the
premises for such purpose and to arrest anyone violating any Cease Operations
Order as provided in this Section.
(.5) The Department may, in
addition to issuing a Cease Operations Order, revoke any permits which may
previously have been issued. Revoked permits shall not be reinstated except upon
compliance with the terms of the Cease Operations Order and payment of required
fees.
(c) Prohibited conduct: No person with knowledge of a Cease
Operations Order shall:
(.1) Continue any occupancy, use or other
activity in or about any building, structure or land or part thereof, after a
Cease Operations Order has been issued, except work required to comply with the
Cease Operations Order;
(.2) Enter any building, structure or land, or
part thereof, on which a Cease Operations Order has been posted, except for the
purpose of complying with the Cease Operations Order;
(.3) Permit any
building, structure, or land, or part thereof, to be occupied by the public
until the Cease Operations Order has been lifted by the
Department;
(.4) Remove, damage or deface any Cease Operations
Order;
(.5) Resist or interfere with any inspector or other official
in the performance of their duties or the enforcement of any provision of this
Section.
(d) Penalties: Notwithstanding the provisions of Section
14-1707, a violation of subsection 14-1704(2) shall be punishable as
follows:
(.1) Any violation of subsection 14-1704(2) shall constitute
a summary offense and any person upon conviction shall be subject to a sentence
of a fine of three hundred ($300) dollars and/or imprisonment for a term up to
ninety (90) days;
(.2) Any person who violates subsection
14-1704(2)(c) shall be subject to immediate arrest by the Police and issued a
citation and summons in such a manner as provided by the Pennsylvania Rules of
Criminal Procedure applicable in Philadelphia to summary
offenses;
(.3) Each day of violation shall constitute a separate
offense for which the violator may be arrested, citation and summons issued, and
fine and/or imprisonment imposed.