§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.