A. Determination of Director to Order Work to be Stopped. Whenever the director determines that an encroachment or excavation made within a public right-of-way or public service easement pursuant to a permit issued in the manner provided by this chapter has been undertaken or is being carried out in a manner which threatens the public safety, unreasonably interferes with the use of such public right-of-way or public service easement or any property adjoining and in the neighborhood thereof, or damages or threatens to damage other facilities located within the public right-of-way or public service easement in a manner not authorized by the permit, the director may, by service and posting of the notice required by this section, order such work to be stopped.
B. Service of Notice of Order to Stop Work. Upon determining to order the stoppage of work undertaken or being carried out pursuant to a permit issued in the manner provided by this chapter, the director shall cause a written notice of such order to be served on the person to whom the permit was issued and on any person known to the director to be engaged in such work if such person is someone other than the person to whom the permit was issued. In addition to setting forth the order of the director to stop work, such notice shall contain a brief description of the reasons why such work is being ordered stopped and the action, if any, which may be taken in order that the work may be resumed; shall contain a statement of the right of the person to whom the permit was issued to apply for administrative review of the order and to appeal the order in the manner provided by this chapter, and shall advise the person upon whom the notice is served that unless authorized by the director, any further work performed pursuant to such permit may subject such person to the misdemeanor penalties hereinafter provided for in this chapter.
C. Posting of Order to Stop Work. Upon determining to order the stoppage of work undertaken or carried out pursuant to a permit issued in the manner provided by this chapter, the director shall also cause a written notice of such order to be posted in a conspicuous place within the public right-of-way or public service easement in which such work is being performed. In addition to setting forth the order of the director to stop work, such notice shall state that it is a misdemeanor for such person to perform any further work without authorization of the director or to remove or deface the posted notice of such order.
D. Effect of an Order to Stop Work. No person served with a notice of the director to stop work undertaken or carried out pursuant to a permit issued in the manner provided by this chapter shall cause or permit such work to be performed.
(Ord. 1928 §2, Ord. 2364 §134)