SECTION A-505 CEASE OPERATIONS ORDER

A-505.1 General: The department and the Fire Department are authorized to issue Cease Operations Orders directing that 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 Zoning and/or Use Registration permits, Certificate of Occupancy or other permits;

   2.   There is actual or potential danger to the building occupants or those in the proximity of any structure or premises because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment;

   3.   Any structure or part thereof is found to be in a dangerous or unsafe condition due to inadequate maintenance, deterioration, damage by natural causes, fire or faulty construction that it is likely to cause imminent injury to persons or property.

   4.   Any condition is observed which presents an immediate danger to life or property, including any danger to life or property of adjoining or abutting structures. 152

   5.   Any unsafe or unsanitary condition is observed which presents an immediate danger to the health of the occupants of any abutting premises due to the presence of raw sewage, garbage, rubbish or infestation. 153

A-505.2 Orders: The Cease Operations Order shall be in writing and shall describe the occupancy, use or other activity that is being performed without required permits or certificates or which presents a danger, the manner of correction and the conditions under which occupancy, use or other activity can be resumed. If the code official observes a condition which requires immediate action, an immediate oral order shall have the full effect of the subsequent written order.

A-505.3 Service: 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 of all employees, patrons and occupants until there has been compliance with the terms of the Cease Operations Order.

A-505.4 Posting: 154 The Cease Operations Order shall be posted at every entrance to the premises in conspicuous places clearly visible to the public. The Cease Operations Order shall remain posted on the premises until removal by, or with the approval of, the code official upon compliance with its terms.

A-505.5 Additional violations upon reinspection: If upon reinspection, the code official discovers additional violations which present an immediate danger to life or property, a new Cease Operations Order shall be issued which shall include the additional violations as well as the previously stated violations which are not in compliance.

A-505.6 Police assistance: The code official shall promptly notify the Police of the issuance of every Cease Operations Order. The Police, upon the request of the code official, 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.

A-505.7 Permit revocation: The department, in addition to issuing a Cease Operations Order, shall have the option to revoke any permits which have been previously issued. Revoked permits shall not be reinstated except upon compliance with the terms of the Cease Operations Order and payment of required fees.

A-505.8 Prohibited conduct: No person with knowledge of a Cease Operations Order shall:

   1.   Continue any occupancy, use or other activity in or about any 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 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 structure or land, or part thereof to be occupied by the public until the Cease Operations Order has been lifted by the code official;

   4.   Remove, damage, alter 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.

   6.   Refuse to leave, interfere with the evacuation of other occupants or continue any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition.

A-505.9 Penalties: Notwithstanding the provisions of Chapter 6 of this code, a violation of this Section shall be punishable as follows:

   1.   Any violation of this Section shall constitute a summary offense and any person upon conviction shall have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code for each offense. 155

   2.   Any person who violates Section A-505.8 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 is subject to arrest, citation and summons, and fine.

 

Notes

152	Amended, Bill No. 130691-A (approved February 19, 2014). See note 87 for effective date provisions.
153	Added, Bill No. 980646 (approved December 30, 1998).
154	Amended, Bill No. 180175 (approved June 6, 2018).
155	Amended, Bill No. 041079 (approved May 12, 2005).