(1) Issuance. The City's engineers, Building Officials, department directors, and their designees are hereby authorized to issue orders requiring that all activities within a development cease and desist, that all work therein be stopped, also known as a "Stop Work" order. This may be done upon the authorized person making the necessary findings as set forth herein.
(2) Findings. Any "Stop Work" order issued hereunder for a development must be based on any one (1) or more of the following:
(a) An activity or condition that is causing imminent peril to persons, property, facilities, or the general welfare of the City;
(b) An activity or condition that, while not causing imminent peril, if not immediately corrected will likely result in causing said imminent peril, or creating a condition that would be a substantial detriment to the remainder of the development specifically or the City generally;
(c) Persistent violations, that singularly may be easily correctable and not creating a perilous condition, which would bring into question the integrity of the work, the potential failure of which would cause damage to persons, property, facilities, or the general welfare of the City. For purposes of this Subsection "violations" means activity or conditions that either are contrary to codes, regulations, laws, conditions of approval, or agreements, or do not satisfy the requirements of said regulations, laws, conditions of approval, or agreements;
(d) Any activity or condition that is in contravention or will result in a contravention of the applicable codes, regulations, laws, conditions of approval, or agreements; or
(e) Any other activity or condition that if not addressed immediately is likely to result in irreparable harm or detrimental condition of a long term nature.
(3) Notification. Upon determining to issue a "Stop Work" order, the authorized person will provide verbal notice to the "on site" or assigned manager of the development, and will post a written notice thereof in a conspicuous location or locations that would provide reasonable notice to those entering the development. A written notice will be provided to said manager as soon as is practical. The authorized person shall also provide notice to their supervisor and/or department director as soon as is practical. The notice is to contain a description of the condition or activity that is contrary to the applicable code, regulation, law, condition of approval, or agreement. Upon correction, the developer may call for an inspection, and if in compliance, the inspector may withdraw the "Stop Work" order.
(4) Appeals. If a developer disagrees with any portion of the "Stop Work" order, the developer may appeal said order to the authorized person's division or department director. The division or department director is authorized to amend, modify, withdraw, or expand the order. The division or department director should respond to the appeal within one (1) business day. If the developer desires to appeal the decision of the division or department director, that appeal shall be in writing, submitted to the City Manager or the City Manager's designee. The response to that appeal should be within two (2) business days.
(a) It is unlawful for any person or entity, who knows or should have known of the issuance of a "Stop Work" order to continue or cause the continuance of work after the issuance of said order.
(b) It is unlawful for any person to remove or cause to be removed any posted "Stop Work" order without the direct authorization of the City.
Such violations are class B misdemeanors and are punishable as such.
(6) Remedies. The City is authorized to seek any and all remedies of law, both civil and criminal, including, but not limited to, injunctions, restraining orders, etc.
Ord. No. 05-32, Enacted 8/18/2005