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.
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.
[7]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: 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 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
be subject to a fine of $300.00 for each offense;
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.