A. Authorization: The code official is hereby authorized to issue and post stop work orders to stop work on any building, structure, or premises: 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 has been refused by the permittee's bank, 4) when work is being performed contrary to the provisions of this title or other applicable village codes or ordinances, 5) when the permittee does not take prompt action to correct violations as provided in section 8-1-14 of this chapter, 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, or 8) for any other good or just cause 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 code 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 forty eight (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 owner, 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 code official or his or her authorized designee, who removes a stop work order or who continues any work in or about the building, structure, or premises after a stop work order has been served 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 code 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 code official will set forth the conditions under which such approval will be given to proceed.
D. Removal Of Stop Work Order: A stop work order may be removed only when the code 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 the required fee, as provided in chapter 2 of this title, 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 code official and the work may proceed. (Ord. 2015-3-053, 3-16-2015)