(A) Withhold issuance of permits.
(1) Whenever a person which is either an applicant for a building permit or an obtainer of a building permit owes fees (including checks returned for insufficient funds, permit fees owed pursuant to §§ 52.15 through 52.23, or inspection fees owed pursuant to Ord. 011111 (adopted by reference in Chapter 153)) to the Building Commissioner, the Building Commissioner may withhold the issuance of subsequently requested permits until a time that the debt is satisfied.
(2) Whenever a person applies for a building permit for a structure that is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance relating to land use, the Building Commissioner is authorized to withhold the issuance of requested permits until a time that the property is brought into conformance with applicable ordinances.
(B) Permit revocation. The Building Commissioner may revoke a building permit when any of the following are applicable:
(1) The application, plans or supporting documents contain a false statement or misrepresentation as to a material fact;
(2) The application, plans or supporting documents reflect a lack of compliance with building standards and procedures;
(3) There is failure to comply with this subchapter; or
(4) The structure for which the building permit has been issued is not being used or constructed in conformance with an applicable zoning ordinance or other ordinance relating to land use.
(C) Stop-work order.
(1) The Building Commissioner may issue an order requiring suspension of the pertinent construction (stop-work order) in accordance with this section.
(2) The stop-work order shall:
(a) Be in writing;
(b) State with specificity the construction to which it is applicable and the reason for its issuance;
(c) Be posted on the property in a conspicuous place;
(d) If practicable, be given to:
1. The person doing the construction; and
2. To the owner of the property or the owner’s agent.
(e) The stop-work order shall state the conditions under which construction may be resumed.
(3) The Building Commissioner may issue a stop-work order if:
(a) Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this subchapter or any state law pertaining to safety during construction;
(b) Construction is occurring in violation of this subchapter or in a manner so that if construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation; and/or
(c) Construction for which a building permit is required is proceeding without a building permit being in force.
(4) The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this subchapter.
(D) Civil action. Pursuant to I.C. 36-1-6-4, the town may initiate a civil action in a court of competent jurisdiction to restrain any person from violating a provision of this subchapter.
(E) Right of appeal. Any person aggrieved by an order issued under this subchapter shall have the right to petition for review of any order of the Building Commissioner. The person may file a petition using either, or both, of the following procedures.
(1) Appeal to the Fire Prevention and Building Safety Commission.
(a) A person aggrieved by an order issued under this subchapter may appeal to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7.
(b) The Commission may modify or reverse any order issued by the town that covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety or a building rule.
(c) The Fire Prevention and Building Safety Commission must review orders that concern a Class 2 structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.
(d) The Fire Prevention and Building Safety Commission may review all other orders issued under this subchapter.
(e) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(2) Appeal to an established local administrative body or court. If, pursuant to I.C. 36-1-6-9, the town has established by ordinance to hear appeals of orders issued under ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with the ordinance. If no like administrative body exists, then the person may petition a court for judicial review of the order.
(Ord. 091311B, passed 9-13-2011)