TITLE 4. THE PHILADELPHIA BUILDING CONSTRUCTION AND OCCUPANCY CODE
SUBCODE "A" (THE PHILADELPHIA ADMINISTRATIVE CODE)
SECTION A-503.0 PROSECUTION
A-503.1 Failure to correct: After the expiration of the
time for compliance as stated on the notice of violation, a reinspection 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: 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.
A-503.2.1 Lack of heat: The
department is authorized to purchase and supply fuel on an emergency basis to
tenants in dwellings between the months of October and May where the following
conditions exist:
1. The owner or operator is required to supply heat
under the provisions of the Property Maintenance Code;
2. The heat in
the dwelling does not conform to the minimum requirements of the Property
Maintenance Code;
3. The owner or operator of the dwelling knows or has
reason to know that the heat in the dwelling does not conform to the minimum
requirements of the Property Maintenance Code; and
4. The absence of
heat creates extreme discomfort, hardship and an imminent peril to health to the
tenants which will continue unless fuel is supplied.
If the department
purchases fuel on an emergency basis for dwellings, the Law Department is
authorized to take appropriate action, in law or equity, to collect the sums
expended by the department from the owners or operators. This procedure shall be
in addition to any fine, penalty, costs, or other remedy which may be invoked
against any owner or operator who violates the minimum heat requirements of the
Property Maintenance Code.