(a) Any code enforcement officer, zoning inspector, or other person designated by the City Manager to enforce the zoning regulations of the City of Ashtabula who observes a violation of the Planning and Zoning Code of the City of Ashtabula in the construction, reconstruction, improvement, enlargement, repair, alteration or demolition of a structure in the City, shall issue a written order to stop such work forthwith. Any code enforcement officer, zoning inspector, or other person designated by the City Manager to enforce the zoning regulations of the City of Ashtabula shall issue a written order to stop work in the Harbor Historic District (H1) upon request of the Historic District Architectural Restoration Review Board if said Board finds there is probable cause to believe the work is not in compliance with the requirements of Chapter 1137
of the Codified Ordinances.
(1) A stop work order shall be effective upon delivery to the contractor involved in the activity, the owner of the property, or any adult occupant of the property if the same is not owner-occupied; or upon posting the same in a prominent and visible location at or near the front or main entrance of the structure.
(2) Every stop work order issued under this Section shall also contain an order to restore the premises to their previous condition or to resume work after taking all actions necessary for compliance with the Planning and Zoning Code. The order shall specify a reasonable time for restoration or for compliance and resumption of work.
(b) The owner of any property subject to a stop work order issued under this Section may file an appeal to the Administrative Board pursuant to Section 1111.03
of the Codified Ordinances within ten (10) calendar days of delivery or posting of such order. If the 10th day falls upon a Saturday, Sunday or federal holiday the time for filing shall be extended to the next regular business day. An appeal shall not stay the stop work order, but shall extend the time for compliance with Section 1109.09
(a)(2).
(1) If an appeal of a stop work order pertains to a structure located in the H1 District, a copy of the appeal shall be forwarded by the owner to the Architectural Restoration Review Board within three (3) business days of filing.
(c) Notwithstanding Section 1109.99
of this Chapter, any person who knowingly fails to comply with any of the terms of a stop work order issued under this Section, including the terms required by Section 1109.09
(a)(2), is guilty of misdemeanor of the 4th degree. Each day of non-compliance shall constitute a separate offense. In addition to the criminal penalties otherwise imposed, the City of Ashtabula shall be entitled to receive as restitution in such case the award of administrative costs of enforcement in the amount of $75.00, or the actual cost of time and materials expended in such enforcement, whichever is greater.
(Ord. 2011-123. Passed 7-18-11.)