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It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another to occupy or permit another person to occupy any structure or equipment regulated by this code or the technical codes, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code or the technical codes, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code or the technical codes.
Whenever the code official observes an apparent or actual violation of a provision of this code or the technical codes or of a permit, certificate or construction document issued thereunder, the code official shall prepare a written notice of violation describing the condition of violation and specifying time limitations not to exceed 35 days for the required correction, discontinuance of illegal action or condition, repairs, improvements or abatement of violation. Where the code official determines that a condition exists which creates a hazard to life or property requiring immediate action, an immediate oral order to repair or otherwise immediately remove the hazard shall have the full effect of the required subsequent written notice of violation.

UpCodes note: Section A-502.1 was amended by Bill No. 030780 (approved December 31, 2003), and by Bill No. 180175. The bill was approved on June 6, 2018.
The written notice prescribed in Section A-502.1 shall:
  1. Include the address of the premises in violation;
  2. Include a description of the violation(s);
  3. Include a correction order to eliminate the violation(s); and
  4. Include a time limitation for correction of the violation(s).

UpCodes note: Section A-502.2 was amended by Bill No. 030780 which was approved December 31, 2003.
The written notice of violation shall be served upon the owner, owner's agent, occupant or other person responsible for the erection, construction, installation, alteration, extension, repair, removal, demolition, operation or occupancy of a building, structure, equipment or system under violation. If such person is not the owner of the premises where the violation is deemed to exist or to have occurred, a copy of the notice shall be sent by first class mail to the last registered owner of the premises. The failure of the code official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this code or the technical codes.
A notice of violation shall be deemed to be properly served if a copy thereof is delivered to such persons prescribed in Section A-502.3 by one or more of the following:
  1. Personally;
  2. By first class mail to the last known residence or business address;
  3. By certified or registered mail to the last known residence or business address, return receipt requested;
  4. By leaving it in the possession of an adult member of the person's family;
  5. By leaving it in the possession of an adult in charge of the premises or persons place of business; or
  6. If no address is known or the mail is returned indicating no delivery, a copy of the notice shall be posted in a conspicuous place at the entrance or avenue of access to the premises in violation and such procedure shall be deemed the equivalent of personal notice.
The date of service shall be the date of personal service, the date of posting, or the date of mailing by first class, registered or certified mail.
After the expiration of the time for compliance as stated on the notice of violation, a reinspection or reinvestigation 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.

UpCodes note: Section A-503.1 was amended by Bill No. 180175. The bill was approved on June 6, 2018.
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.
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. Repeat violations of the Property Maintenance Code, requiring more than one such abatement of violation on the same property in a twelve-month period, may be assessed an additional penalty pursuant to § A-601.1.

UpCodes note: Section was amended by Bill No. 130721 (approved January 8, 2014) and Bill No. 180521 (approved June 28, 2018). Reference to Section A-601.1.1 was corrected. Original text in bill read as,

"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. Repeat violations of the Property Maintenance Code, requiring more than one such abatement of violation on the same property in a twelve-month period, may be assessed an additional penalty pursuant to § A-601.1.1. "
Where a vacant lot is enclosed by fencing and secured by a lock that prevents the code official from entering upon the lot for the purpose of correcting a violation, the code official may gain access to the lot by all legal means, including obtaining an administrative warrant.

UpCodes note: Section A-503.2.1 was added by Bill No. 130721 (approved January 8, 2014) and amended by Bill No. 180175 (approved June 6, 2018).
The Department and, to the extent permitted under the PA Construction Code Act and Uniform Construction Code, any Philadelphia Fire Department Battalion Chief is authorized to issue Stop Work Orders directing that erection, construction, alterations, installation, repairs, removal, demolition and other activities cease immediately and that the premises be vacated pending compliance with such orders whenever:
  1. Any structure or part thereof, including any adjoining or abutting structures, 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.
  2. Any erection, construction, alterations, installation, repairs, removal, demolition or other activity is being performed in or on any structure or premises, or part thereof, contrary to accepted construction practices or in a dangerous or unsafe manner which imperils life, safety or property, constitutes a fire or health hazard, or will interfere with a required inspection.
  3. Any erection, construction, alterations, installation, repairs, removal, demolition or other activity is being performed in or on any structure or premises, or any part thereof, without required permits.
  4. In cases of demolition activity, there is a failure to provide for a site safety review as required by Chapter 4 of this Code. Upon the issuance of a stop work order under this subsection, the work shall be stopped for a minimum of three (3) business days. The Department shall take any other appropriate actions necessary, including revoking any permits, and shall not allow work to begin until the code official is satisfied that the demolition will proceed in a safe manner.
  5. A contractor is found performing construction without a license required by Chapter 9-1000.

UpCodes note: Section A-504.1 was amended by Bill No. 130691-A (approved February 19, 2014).
The Stop Work Order shall be in writing and shall describe the nature of the dangerous or unsafe condition, the manner of correction and the conditions under which work can be resumed. Where the department observes a condition which creates a hazard to life or property requiring immediate action, an immediate oral order shall have the full effect of the subsequent written order.
The Stop Work 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 Stop Work Order, all work shall stop immediately and the premises shall be vacated and closed to the public until there has been compliance with the terms of the Stop Work Order.
The Stop Work Order shall be posted at every entrance to the premises in conspicuous places clearly visible to the public. The Stop Work Order shall remain posted on the premises until the required repairs have been made, the dangerous and unsafe conditions eliminated and required permits obtained.
The department shall promptly notify the Police of the issuance of every Stop Work Order. The Police, upon the request of the department, shall render assistance in the enforcement of any Stop Work Order and shall have the right to enter the premises for such purpose and to arrest anyone violating any Stop Work Order as provided in this Section.
The department, in addition to issuing a Stop Work 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 Stop Work Order and payment of required fees.
It shall be a violation of this Section for any person with knowledge of a Stop Work Order to:
  1. Continue any work in or about any structure or premises, or part thereof, after a Stop Work Order has been issued, except work required to correct the dangerous or unsafe conditions described in the Stop Work Order;
  2. Enter any structure or premises, or part thereof, on which a Stop Work Order has been posted, except for the purpose of correcting the dangerous or unsafe conditions described in the Stop Work Order;
  3. Permit any structure or premises, or part thereof, to be occupied by the public until the Stop Work Order has been lifted by the department;
  4. Remove, damage, alter or deface any Stop Work 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.
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 have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code for each offense. 76
  2. Any person who violates Section A-504.7 shall be subject to immediate arrest by 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.

UpCodes note: Section A-504.8 was amended by Bill No. 041079. The bill was approved on May 12, 2005.
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, including any danger to life or property of adjoining or abutting structures.
  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.

UpCodes note: Section A-505.1 was added by Bill No. 980646 (approved December 30, 1998) and amended by Bill No. 130691-A (approved February 19, 2014)
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.
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.
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, or with the approval of, the code official upon compliance with its terms.

UpCodes note: Section A-505.4 was amended by Bill No. 180175. The bill was approved on June 6, 2018.
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.
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.
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.
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.
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 have committed a Class III offense and be subject to the fines set forth in subsection 1-109(3) of The Philadelphia Code 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.

UpCodes note: Section A-505.9 was amended by Bill No. 041079 which was approved May 12, 2005.
The code official is authorized to issue code violation notices for any violation of any provision of this code or the technical codes, pursuant to the procedures set forth in Section 1-112 of The Philadelphia Code.

UpCodes note: Section A-506.1 was amended by Bill No. 180175. The bill was approved on June 6, 2018.
The amount required to be remitted in response to a code violation notice is the amount indicated in Section 1-112 of The Philadelphia Code unless otherwise specified.

Exceptions: The amount required to be remitted shall be as follows for violation of the following provisions:
  1. Section F-1008.2
    (door operations). . . . .One hundred dollars ($100.00)
  2. Section F-1009
    (egress maintenance). . . . .One hundred dollars ($100.00)
  3. Section F-401.3
    (notice of fire or fire alarm). . . . .Three hundred dollars ($300.00)
  4. Section F-1004.1
    (exceeding the lawful occupancy). . . . .One hundred dollars ($100.00)
  5. Section 9-3901(3)
    (notification of license changes). . . . .Seventy-five dollars ($75.00)
  6. Section 9-3907
    (managing agents and property managers). . . . .One hundred fifty dollars ($150.00)
  7. Section PM-902
    (Foreclosed Vacant Residential Properties). . . . .Three hundred dollars ($300.00)
  8. Section A-504.7
    (Prohibited conduct during a Stop Work Order). . . . .Five hundred dollars ($500.00)
  9. Section A-402.10.6
    (Failure to provide for required demolition inspections). . . . .Five hundred dollars ($500.00)
  10. Section PM-904
    (Chronic Non-Compliant Owner). . . . .One hundred fifty dollars ($150.00)

UpCodes note: Section A-506.2 was amended, Bill No. 040998 (approved January 25, 2005);
Bill No. 090834 (approved April 28, 2010);
Bill No. 100749 (approved January 26, 2011), effective April 26, 2011;
Bill No. 130691-A (approved February 19, 2014)
Bill No. 140856 (approved December 19, 2014), effective July 1, 2015; and
Bill No. 180175 (approved June 6, 2018).
The Department is authorized to deny the issuance of permits to any contractor licensed pursuant to the Philadelphia Code or licensed or registered by the Commonwealth of Pennsylvania who has been issued more than three (3) code violation notices and has either failed to remit the required amount of the code violation notice, or failed to appeal the issuance of the code violation notice. Such limitation shall remain in place until the contractor has remitted the required amounts or presented confirmation of an appeal.

UpCodes note: Section A-506.3 was amended by Bill No. 180175. The bill was approved on June 6, 2018.
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