(A) Whenever the Building Commissioner or his authorized representative discovers the existence of any of the circumstances listed in this section, 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.
(B) The circumstances under which stop work orders may be issued are as follows:
(1) Construction activity is proceeding in an unsafe manner, including, by way of example and not of limitation, construction 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 that 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 (½) the time period in which construction would be completed, but no longer than fifteen (15) calendar days have 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 this 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 is issued more than thirty (30) days earlier is proceeding without there being in force applicable permits and approvals required by governmental units (including, but not limited to the State Board of Health, State Department of Environmental Management, State Department of Natural Resources and State Department of Highways) 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 this 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 I.C. 36-7-11.1-1 et seq. without a certificate of appropriateness being in force. In this instance, the stop work order shall indicate that the effect of the order terminates if the required certificate of appropriateness is obtained.
(`92 Code, § 7-29) (Ord. 87-5, passed 2-2-87)