(A) Stop-work orders. The Administrative Officer, or his or her designee, may place a stop-work-order on any land/property improvement process.
(1) Procedure. Stop-work orders shall be issued by written letter that shall state the nature of the violation and that the work and/or any other illegal activity must stop immediately until the matter is resolved. If the property is occupied by someone other than the property owner(s), a copy of the stop work order shall be provided to the occupant(s). This letter shall be posted in a conspicuous place and be delivered/mailed to the property owner(s).
(2) Reasons. Reasons for a stop-work order include, but are not limited to:
(a) Not complying with any element of the development standards and/or any regulation of this chapter or the McCordsville Subdivision Control Ordinance.
(b) Not obtaining an improvement location permit or any other required permit or approval prior to the construction or installation of any improvement for which an approval or permit is required by this chapter.
(c) Not completing structures or other improvements consistent with any approved improvement location permit, variance, special exception, or other approval.
(d) Not meeting the conditions or commitments of a special exception, variance, rezoning, or other approval whether recorded or not.
(e) Not meeting the conditions of a site development plan, planned unit development final detailed plan, or written any commitment associated therewith.
(f) Illegal use or expansion of use of structures, or structures and land in combination.
(B) Memorandum of agreement. The Administrative Officer, or his or her designee, must meet with the property owner(s) served the stop-work order notice within seven days of any such meeting being requested. A memorandum of agreement shall be drafted stating the conditions by which construction or action may be resumed. This memorandum of agreement must be signed by the Administrative Officer and the property owner(s) that is responsible for the violation.
(C) Appeals. Any stop-work order issued as a result of the enforcement of this chapter, may be appealed to the Board of Zoning Appeals. This appeal shall follow the provisions established for administrative appeals.
(D) Resumption of construction activity. The stop-work order shall be lifted and construction activity may resume upon either:
(1) The resolution of the violation(s) to the satisfaction of the Administrative Officer; or
(2) The execution of all tasks required by the memorandum of agreement.
(Ord. 121410, passed 1-11-2011)