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(1) No agency shall prosecute for or abate any violation of the conditions of any license or revoke any license or permit until the agency has served written notice of the alleged violation upon the holder of the license and afforded him an opportunity to show or achieve compliance with all lawful requirements; except where the agency finds that public health, safety, morals or welfare requires immediate action. In cases in which public health, safety, morals or welfare requires immediate action, any order other than the above-mentioned notice of violation shall contain a statement of the reasons why the public health, safety, morals or welfare required immediate action.
Failure to correct the violation in the time specified in the notice of violation shall constitute a separate offense each day the violation continues uncorrected.
In addition to any penalty imposed by this Chapter and any other remedy at law or in equity under this Title, the City may apply to a Court of Common Pleas or the County Court of Philadelphia for appropriate relief at law or in equity to enforce compliance with, or restrain violation of any provision of this Title. 6
(2) Except as otherwise provided, any person aggrieved by any order of any agency may appeal to the Board of License and Inspection Review for a review of the order in accordance with procedures prescribed by the Board. He shall upon request be furnished with a written statement of the reasons for the agency order, and shall be afforded a hearing thereon by the Board. The hearing shall be conducted according to the regulations of the Board. The Board may affirm, modify, reverse, vacate or revoke the order from which the appeal was taken, and it shall make findings and render a decision in writing.
(3) Compliance with an order shall be required while an appeal is pending before the Board of License and Inspection Review or before a Court, except that the Board of License and Inspection Review, upon application of the appellant, shall have the power to issue a stay upon a showing of good cause and likelihood of success on the merits of the appeal. 7
Notes
6 | Amended, 1965 Ordinances, p. 1265. |
7 | Amended and subsection (4) deleted, Bill No. 000184 (approved March 21, 2001). |
(1) The Department is authorized to charge a fee, as follows, for all second and subsequent reinspections of business operations or activities regulated under this Title when, upon reinspection, the Department determines that operations or activities previously found not in compliance with a provision of this Title continue not to be in compliance:
Second reinspection. . . . . $75
Third reinspection. . . . . $150
Fourth and subsequent reinspections. . . . . $300
(2) In addition to other penalties outlined in this Title, any person who fails to remit the required reinspection fee to the Department when requested, shall have his or her license or permit to conduct the business activity or operation suspended, and the business activity or operation shall cease until the payment of fees owed has been received by the Department.
Notes
8 | Added, Bill No. 040422 (approved June 3, 2004). Section formerly entitled "Fair Employment Practices." Source: 1948 Ordinances, p. 74; repealed and replaced by Chapter 9-1100, 1963 Ordinances, p. 411. Enrolled Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081, erroneously amends this repealed Section. |
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