§ 9-4403.  Enforcement and Administrative Review.
   (1)   Upon a determination that a business is a chronic nuisance, the Department shall issue a Notice of Intent to Cease Operations to the owner of the business, stating that the business has been identified as a chronic nuisance and that the Department will issue a Cease Operations order pursuant to the procedures set forth in Section A-505 1249 of the Philadelphia Administrative Code unless the owner of the business either:
      (a)   Demonstrates that adequate remedial measures have been taken to reduce, eliminate or prevent future recurrence of the nuisance behaviors that led to the designation of the business as a chronic nuisance, as defined in this Chapter; or
      (b)   Enters into a nuisance abatement plan through which the owner agrees to take remedial measures that are substantially likely to reduce, eliminate or prevent recurrence of the nuisance behavior at issue.
   Efforts or agreement under (a) or (b) above may include some or all of the types of measures identified in Section 9-4404.
   (2)   The Notice of Intent to Cease Operations shall provide the owner with the opportunity to contact the Department to schedule an administrative review proceeding regarding: issuance of the Notice of Intent to Cease Operations; any demonstration of remedial measures as set forth in (1)(a) above; or an agreement as set forth in (1)(b) above. The Notice shall advise the owner of the potential consequences of failing to request an administrative review proceeding within the timeframe set forth in subsection (3) below.
   (3)   The Department may impose a Cease Operations order pursuant to the requirements and procedures set forth in Section A-505 1250 of the Administrative Code:
      (a)   at any time, if no proceeding has been requested within five (5) days of issuance of the Notice of Intent to Cease Operations or there is no good faith effort to schedule the proceeding; and
      (b)   at any time after a proceeding has taken place, if the Department determines that the owner has failed to satisfy the requirements of subsections (1)(a) or (1)(b).
   (4)   Any person or organization with knowledge regarding nuisance behavior pertaining to the business or purported remedial measures of the owner may submit written information regarding such behavior or efforts to the Department for its consideration at the administrative review proceeding.
   (5)   A business owner shall not transfer the business to any other person or entity, except in a bona fide arms- length transaction, while a cease operations order or a notice of intent to cease operations is in effect.
   (6)   No enforcement action under this Section shall preclude any other enforcement action against any individual who has engaged in nuisance behavior.
   (7)   Nothing in this Chapter shall limit the issuance of a Cease Operations Order against a business under any other provision of the Code.
   (8)   If a nuisance abatement plan is in effect, it shall not be terminated if the business ownership is transferred.

 

Notes

1249
   Enrolled bill read "Section 505".
1250
   Enrolled bill read "Section 505".