The following administrative procedures apply to this chapter.
(A) Inspections of work in progress; right of entry. As the work pursuant to a permit progresses, the local administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of this chapter and the terms of the permit. In exercising this power, the administrator has a right, upon the presentation of proper credentials, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
(B) Stop work orders.
(1) Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this chapter, the administrator may order the work to be immediately stopped. The stop work order shall:
(a) Be in writing and directed to the person doing the work; and
(b) State the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
(2) Violation of a stop work order constitutes a misdemeanor.
(C) Revocation of permits.
(1) The local administrator may revoke and require the return of the development permit by notifying the permit holder in writing, stating the reason for the revocation. Permits shall be revoked for:
(a) Any substantial departure from the approved application, plans or specifications;
(b) Refusal or failure to comply with the requirements of state or local laws; or
(c) False statements or misrepresentations made in securing the permit.
(2) Any permit mistakenly issued in violation of an applicable state or local law may also be revoked.
(D) Periodic inspections; right of entry. The local administrator and each member of his or her inspection department shall have a right, upon the presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the Department at any reasonable hour for the purposes of inspection or other enforcement action.
(E) Violations to be corrected. When the local administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law on the property he or she owns.
(F) Actions in event of failure to take corrective action; notice. If the owner of a building or property shall fail to take prompt corrective action, the administrator shall give him or her written notice, by certified or registered mail to his or her last known address or by personal service, that:
(1) The building or property is in violation of this chapter;
(2) A hearing will be held before the local administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and
(3) Following the hearing, the local administrator may issue such order to:
(a) Alter, vacate or demolish the building; or
(b) Remove fill as appears appropriate.
(G) Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed in subsection (F) above, the administrator shall find that the building or development is in violation of this chapter, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within such period, not less than 60 days; provided that, where the administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible.
(H) Appeal. Any owner who has received an order to take corrective action may appeal from the order of the Administrator to the Town Council by giving notice of such appeal in writing to the Administrator and the Clerk within ten days following issuance of the final order. In the absence of an appeal, the order of the Administrator shall be final. The Town Council shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.
(I) Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the Town Council following an appeal, he shall be guilty of a misdemeanor and shall be punished in the discretion of the court.
(Ord. 102, passed 2-3-2003)