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A-503.1 Failure to correct: 145 After the expiration of the time for compliance as stated on the notice of violation, a reinspection or reinvestigation shall be made by the code official to determine compliance. If the violation has not been corrected and no appeal is pending, the code official shall institute the appropriate legal proceedings to apply penalties as provided for in this code or for the purpose of ordering the responsible person:
1. To restrain, correct or remove the violation or refrain from any further execution of work;
2. To restrain or correct the erection, construction, conversion, installation, maintenance, repair or alteration of the structure in violation;
3. To require the removal of work in violation; or
4. To prevent the use or occupancy of the premises or structure that is not in compliance with the provisions of this code or the technical codes.
A-503.1.1 Immediate hazard: Notwithstanding the provisions of Section A-503.1, nothing shall prevent the code official from instituting appropriate remedies to protect occupants or the public from conditions which pose an immediate threat to health or safety.
A-503.2 Abatement of violation: 146 Whenever any violation of this code or the technical codes or any order issued pursuant thereto is not corrected, the department, in addition to invoking any other sanction or penalty shall be authorized to, itself or by contract, correct the violation, charge the costs (including administrative costs) thereof to the violator, and with the approval of the Law Department collect the costs by lien or otherwise. Repeat violations of the Property Maintenance Code, requiring more than one such abatement of violation on the same property in a twelve-month period, may be assessed an additional penalty pursuant to subsection 1. of Section A-601.1. 147
A-503.2.1 Vacant lots: 148 Where a vacant lot is enclosed by fencing and secured by a lock that prevents the code official from entering upon the lot for the purpose of correcting a violation, the code official may gain access to the lot by all legal means, including obtaining an administrative warrant.
Notes
145 | Amended, Bill No. 180175 (approved June 6, 2018). |
146 | |
147 | Enrolled bill read "...pursuant to § A-601.1.1." |
148 |
A-504.1 General: 149 The Department and, to the extent permitted under the PA Construction Code Act and Uniform Construction Code, any Philadelphia Fire Department Battalion Chief is authorized to issue Stop Work Orders directing that erection, construction, alterations, installation, repairs, removal, demolition and other activities cease immediately and that the premises be vacated pending compliance with such orders whenever:
1. Any structure or part thereof, including any adjoining or abutting structures, 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.
2. Any erection, construction, alterations, installation, repairs, removal, demolition or other activity is being performed in or on any structure or premises, or part thereof, contrary to accepted construction practices or in a dangerous or unsafe manner which imperils life, safety or property, constitutes a fire or health hazard, or will interfere with a required inspection. 150
3. Any erection, construction, alterations, installation, repairs, removal, demolition or other activity is being performed in or on any structure or premises, or any part thereof, without required permits.
4. In cases of demolition activity, there is a failure to provide for a site safety review as required by Chapter 4 of this Code. Upon the issuance of a stop work order under this subsection, the work shall be stopped for a minimum of three (3) business days. The Department shall take any other appropriate actions necessary, including revoking any permits, and shall not allow work to begin until the code official is satisfied that the demolition will proceed in a safe manner.
5. A contractor is found performing construction without a license required by Chapter 9-1000.
A-504.2 Orders by the Department: The Stop Work Order shall be in writing and shall describe the nature of the dangerous or unsafe condition, the manner of correction and the conditions under which work can be resumed. Where the department observes a condition which creates a hazard to life or property requiring immediate action, an immediate oral order shall have the full effect of the subsequent written order.
A-504.3 Service: The Stop Work 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 Stop Work Order, all work shall stop immediately and the premises shall be vacated and closed to the public until there has been compliance with the terms of the Stop Work Order.
A-504.4 Posting: The Stop Work Order shall be posted at every entrance to the premises in conspicuous places clearly visible to the public. The Stop Work Order shall remain posted on the premises until the required repairs have been made, the dangerous and unsafe conditions eliminated and required permits obtained.
A-504.5 Police assistance: The department shall promptly notify the Police of the issuance of every Stop Work Order. The Police, upon the request of the department, shall render assistance in the enforcement of any Stop Work Order and shall have the right to enter the premises for such purpose and to arrest anyone violating any Stop Work Order as provided in this Section.
1. Continue any work in or about any structure or premises, or part thereof, after a Stop Work Order has been issued, except work required to correct the dangerous or unsafe conditions described in the Stop Work Order;
2. Enter any structure or premises, or part thereof, on which a Stop Work Order has been posted, except for the purpose of correcting the dangerous or unsafe conditions described in the Stop Work Order;
3. Permit any structure or premises, or part thereof, to be occupied by the public until the Stop Work Order has been lifted by the department;
4. Remove, damage, alter or deface any Stop Work 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.
A-504.8 Penalties: Notwithstanding the provisions of Chapter 6 of this code, a violation of this Section shall be punishable as follows:
2. Any person who violates Section A-504.7 shall be subject to immediate arrest by 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
149 | |
150 | Amended, Bill No. 030780 (approved December 31, 2003). |
151 | Amended, Bill No. 041079 (approved May 12, 2005). |
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.
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:
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 | |
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). |
Exceptions: The amount required to be remitted shall be as follows for violation of the following provisions:
1. Section F-1008.2 (door operations). . . . . One hundred dollars ($100)
2. Section F-1009 (egress maintenance). . . . . One hundred dollars ($100)
3. Section F-401.3 (notice of fire or fire alarm). . . . . Three hundred dollars ($300)
4. Section F-1004.1 (exceeding the lawful occupancy). . . . . One hundred dollars ($100)
9. Section A-402.10.6 163 (Failure to provide for required demolition inspections). . . . . Five hundred dollars ($500)
A-506.3 Licensed Contractors. 165 The Department is authorized to deny the issuance of permits to any contractor licensed pursuant to The Philadelphia Code or licensed or registered by the Commonwealth of Pennsylvania who has been issued more than three (3) code violation notices and has either failed to remit the required amount of the code violation notice, or failed to appeal the issuance of the code violation notice. Such limitation shall remain in place until the contractor has remitted the required amounts or presented confirmation of an appeal.
Notes
156 | Added, Bill No. 030780 (approved December 31, 2003). |
157 | Amended, Bill No. 180175 (approved June 6, 2018). |
158 | |
159 | Amended, Bill No. 140856 (approved December 19, 2014), effective July 1, 2015. |
160 | |
161 | |
162 | |
163 | |
164 | Added, Bill No. 160365-A (approved October 19, 2016). |
165 | Added, Bill No. 180175 (approved June 6, 2018). |