(A) Whenever the Building Commissioner or his authorized representative discovers the existence of any of the circumstances listed below, he is empowered to issue an order requiring the suspension of the pertinent construction activity. The stop-work order shall be in writing and shall state to which construction activity it is applicable and the reason for its issuance. The stop-work order shall be posted on the property in a conspicuous place and, if conveniently possible, shall be given to the person doing the construction and to the owner of the property or his agent. The stop-work order shall state the conditions under which construction may be resumed.
(1) Construction activity is proceeding in an unsafe manner including, by way of example and not of limitation, in violation of any standard set forth in this chapter or any state standard pertaining to safety during construction.
(2) Construction activity occurring in violation of building standards and procedures or in such a manner that if construction is allowed to proceed, there is a reasonable probability it will be substantially difficult to correct the violation.
(3) Construction activity has been accomplished in violation of building standards and procedures and a period of time which is one half the time period in which construction could be completed, but no longer than 15 calendar days has elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the construction, without the violation or noncompliance being corrected.
(4) Construction activity for which a building permit is required is proceeding without a building permit being in force. In such an instance, the stop-work order shall indicate that the effect of this order terminates if the required building permit is obtained.
(5) Construction activity for which a building permit was issued more than 30 days earlier is proceeding without there being in force applicable permits and approvals required by governmental units (including, but not limited to, Department of Public Safety, Department of Public Works, Department of Transportation, Health and Hospital Corporation of Marion County, State Board of Health, State Department of Natural Resources, State Highway Department) for compliance with standards for air quality, drainage, flood control, fire safety, vehicular access, and waste treatment and disposal on the real estate on which the structure is located. In such an instance, the stop-work order shall indicate that the order is applicable to all construction activity allowed by the building permit and that the effect of the order terminates if the required permits and approvals are obtained.
(6) Construction activity is occurring for which a certificate of appropriateness from the State Historical Preservation Commission pursuant to IC 36-7-11.1-1 et seq. without a certificate of appropriateness being in force. In such an instance, the stop-work order shall indicate that the effect of the order terminates if the required certificate of appropriateness is obtained.
(B) This sanction shall in no way limit the operation of penalties provided elsewhere in this chapter.
(Ord. 29-1977, passed 10-17-77)