Philadelphia Decoded

Accessible, User - Friendly Law for All People

§ 3-103 Enforcement.

Any person who shall violate any provision of this Title, any regulation adopted hereunder, any order of the Department, or any condition of any required permit or license shall be subject to one or more of the following sanctions, in addition to any other sanction or remedial procedure imposed by Statutes of the Commonwealth of Pennsylvania or Acts of the United States Government:

(1) Sealing of Equipment. Equipment or processes installed or operated without obtaining the required permit or license, or after revocation thereof, may be sealed by the Department with the approval of the Law Department in order to render it inoperable.

(2) Abatement. 6 Amended, 1972 Ordinances, p. 813.6 Continuing violations of this Title, any regulation adopted hereunder, or any order of the Department made hereunder are hereby declared to be a public nuisance per se. Where the department determines that a nuisance per se exists, the Department, in addition to or in lieu of invoking any other sanction or remedial procedure provided, may either:

(a) Certify the existence of a nuisance per se, to the Department of Licenses and Inspections which shall itself or by contract abate and remove the violation; charge the cost of the abatement or removal to the person responsible therefor; and with the approval of the Law Department, collect the cost by lien or otherwise as may be authorized by law; or

(b) Apply, through the Law Department, to any appropriate Court for relief by injunction or restraining order against any person responsible for the violation.

(3) Compliance. The Department may take action to secure compliance as set forth in Section 3-301 of this Title.

(4) Summons for Moving Violation. When the source of an emission in violation of this Title or the regulations adopted hereunder is mobile, the Department may cause the violator to stop and may forthwith issue a summons to appear in a court of proper jurisdiction to answer charges of violating this Title and the regulations hereunder.

(5) Penalties and Cease Operations Orders. 7 Amended, 1990 Ordinances, p. 715; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.7 Penalties may be imposed for any of the above violations as follows:

(a) Any person violating any provision of this Title shall be subject to a fine of not less than one hundred fifty (150) dollars and not more than three hundred (300) dollars.

(b) A violation of the same requirement shall be considered as a separate violation for each day the violation continues.

(c) In addition to the penalties outlined in this Chapter, any person who holds a permit and has failed to pay the fines and/or Court costs imposed under this Title within ten (10) days of imposition by a final order from which all appeals have been exhausted shall have all permits suspended and shall cease operation until all fines and costs are paid. In order to enforce this provision, the Department of Licenses and Inspections may, without further notice, issue a Cease Operations Order setting forth the unpaid fines and/or Court costs and cause the premises to be vacated of all employees, patrons and occupants until all such charges are paid.

(d) Any Cease Operations Order issued by the Department of Licenses and Inspections shall be posted at every entrance to the premises in conspicuous places clearly visible to the public and shall remain posted until removed by the Department of Licenses and Inspections. The violator shall promptly notify the Department of Licenses and Inspections when payment has been made.

(e) No person shall remove, damage or deface any Cease Operations Order.

(f) The Department of Licenses and Inspections shall promptly notify the Police of the issuance of every Cease Operations Order of the removal thereof. The Police, upon the request of the Department of Licenses and Inspections, shall render assistance in the enforcement of any Cease Operations Order and shall have the right to enter any premises for such purposes.

(g) Any person with knowledge of a Cease Operations Order who permits the premises to be occupied after a Cease Operations Order has been issued ordering the premises vacated, or who removes, damages or defaces any Cease Operations Order shall be subject to arrest by the Police and issued a citation and summons in such manner as provided by the Pennsylvania Rules of Criminal Procedure applicable in Philadelphia to summary offenses.

(6) Repeat Offenders. 8 Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081.8 Any person who commits, on more than one occasion, a violation of any provision of this Title, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.

Comments