§9-103. Enforcement and Appeals.
(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.
[2] (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.
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