A. Authorization. The building official is hereby authorized to issue and post stop work orders to stop work on any building, structure, or premises under any of the following circumstances:
1. When work is being done without a building permit.
2. When false or incomplete information has been given to obtain a permit.
3. When a permit has been issued but the check for payment of the permit fees have been refused or otherwise not cleared.
4. When work is being performed contrary to the provisions of this title or other applicable Village codes or ordinances or the contractor is not licensed to perform the work.
5. When the permittee does not take prompt action to correct violations.
6. When work is being done in an unsafe or dangerous manner.
7. When the conditions on the premises are unsafe or dangerous either to those working on the premises or to the general public in vehicles or afoot.
8. For any other good or just cause as determined by the building official in his sole discretion that would warrant the issuance of a stop work order to enforce Village codes or ordinances or to protect public safety, health, or welfare.
B. Issuance and Effect of Stop Work Order. The building official, or his or her authorized designee, may issue a stop work order either orally or in writing. If the stop work order is first issued orally, then it must be followed with a written stop work order within 48 hours after such oral order. After a stop work order has been issued, whether orally or in writing, all work or action subject to such order must be stopped immediately. The stop work order may be given to the permittee, to his or her agent, or to the person doing the work. A copy of the stop work order will be posted on the premises.
C. Unlawful Continuance. It is unlawful for any person to do any work or to take any action in violation of a stop work order. Any person, other than the building official or his or her authorized designee, who removes a posted stop work order or who continues any work in or about the building, structure, or premises after a stop work order has been issued and posted, is guilty of a violation of this section and is subject to prosecution and fines as provided in this chapter. Notwithstanding the provisions of this subsection, the permittee, after approval of the building official, may do such work as is necessary to protect the public health and safety and to correct the safety hazards, code violations, or other defects complained of in the stop work order. The building official will set forth the conditions under which such approval will be given to proceed.
D. Fines and Fees. The fees associated with the issuance of a stop work order shall be as listed in the Village’s Schedule of Fees.
E. Removal of Stop Work Order. A stop work order may be removed only when the building official is satisfied that the safety hazards have been rectified, that the violations have been corrected, that the proper building permits have been issued, that such other action has been taken or is forthcoming to resolve the original complaints, and that proper cash bonds or other guarantees have been filed with the Village. After payment of any required fees or fines, written release of the stop work order will be given to all parties who had previously received the original stop work order. The stop work order then will be removed by the building official and the work may proceed. (Ord. 2023-O-8)