§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] 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] 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] 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.